Smt. Manjushri Prayas Sakhare And Another v. Mahesh S/O Zangoji Ghotekar And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAW] No.2577 of 2018 in Writ Petition No.2364 of 2018 Smt. Manjushri Prayas Sakhare & another vs.

Mahesh s/o Zangoji Ghotekar & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri S.V. Deshpande, Advocate for the Applicants/Petitioners. Shri S.A. Kalbande, Advocate for Respondent No.1. Shri B.M. Lonare, Advocate for Respondent No.7. Shri P.A. Abhyankar, Advocate for Respondent Nos.8 & 9.

CORAM

: S.B. SHUKRE, J.

DATE : 12 th OCTOBER, 2018.

Heard the learned Counsel for the petitioners. Reply filed by respondent No.1 to the application is taken on record.

This application is strongly opposed by Shri S.A. Kalbande, learned Counsel for respondent No.1 - decree holder, Shri P.A. Abhyankar, learned Counsel for respondent Nos.8 & 9, who are the formal parties and Shri B.M. Lonare, learned Counsel for respondent No.7, who is also a formal party.

This application is strongly opposed by the learned Counsel for respondent No.1 contending that this is noting but an abuse of process of the Court. The learned Counsel for the petitioners submits that the petitioners are ready to comply with the order of this Court passed on 16th July, 2018 by depositing the requisite amount today only.

wp.2364.18 2/2 Having considered the submission made on behalf of the petitioners and also the fact that the petitioners are still in possession, as submitted by the learned Counsel for the petitioners, I am of the view that this application can be allowed by imposing some costs upon the petitioners to compensate to the inconvenience caused to respondent No.1.

The application is allowed. The petitioners are directed to deposit the amount as stipulated in the order dated 16th July, 2018 during the course of the day and if this order is complied with during the course of the day, the interim relief granted to the petitioners on 16th July, 2018 shall stand revived and operate until further orders, subject to payment of costs of Rs.10,000/- (Rupees Ten Thousand Only) within two weeks from the date of the order and on such deposit being made,respondent No.1 shall be permitted to withdraw the costs of Rs.10,000/- immediately and if no such deposit of costs within the stipulated time is made, interim relief hereby revived shall stand withdrawn.

JUDGE *sandesh