Sunil S/O Bhimrao Chore v. President, Dr. Punjabrao Smruti Wardha Z.P. Karmachari Sahakari G.N. Sanstha, Wardha Thr. M.W. Devd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application Nos.1076/2015 And Civil Application No. 559 of IN Second Appeal No.138 of 2016 [Sunil Bhimrao Chore Vs. President, Dr. Punjabrao Smruti Wardha Zilla Parishad Karmachari Sah. Griha Nirman Sanstha, Wardha] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A. H. Patil, Adv. for applicant-respondent. Mr. S.V. Deshmukh, Adv., for appellant.

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CORAM

:

A. S. CHANDURKAR, J.

DATE :

31st July, 2017 By this application, it is prayed that the order of stay that was passed on 18th December, 2015 be vacated. According to the respondent, the appellant was liable to pay a sum of Rs. 1,12,247-00 towards arrears of rent, but only an amount of Rs.80,000-00 has been deposited with the executing Court. A Pursis giving calculations of the arrears is also placed on record. Shri S. V. Deshmukh, learned counsel for the appellant, on instructions, states that the balance amount of Rs.32,247-00 [rupees thirty-two thousand two hundred forty-seven only] shall be paid to the respondent-Society by way of Demand Draft within a period of fifteen days from today. He further states that an amount of Rs.600-00 [rupees six hundred only] per

month would be paid to the respondent during pendency of the appeal. Subject to aforesaid, the execution of the impugned decree shall remain stayed.

By clarifying that these payments are without prejudice to the rights of the parties, Civil Application Nos. 1076/2015 and 559 of 2017 are disposed of by accepting aforesaid statements. Needless to state that if the occasion arises, the respondent would be free to move an appropriate application.

Judge ||hedau|