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Bombay High CourtCAW/2489/2017admittedallwdgrantedrule absolute

Sau. Shantabai W/O Narayan Thakare v. Sau. Bebibai W/O Laxman Bhoyar

2017-11-08Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp7068.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.7068 OF 2017 (SAU.SHANTABAI NARAYAN THAKARE...VS.. SAU. BEBIBAI LAXMAN BHOYAR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.R.Deshpande, Advocate for Petitioner.

CORAM : Z.A.HAQ, J.

DATED : NOVEMBER 08, 2017.

CIVIL APPLICATION (CAW) NO.2489/2017 As the notice of the writ petition is yet to be issued and considering the facts of the case, the petitioner is permitted to incorporate the proposed amendment. The civil application is allowed.

WRIT PETITION NO. 7068/2017.

Heard.

Accepting the submission made on behalf of the petitioner that she has paid the rent @ Rs.150/- per month regularly and had not been in arrears even after the filing of the civil suit and till the judgment and decree is passed, issue notice to the respondents.

The respondent may file reply/ affidavit, if so advised, till 6th March, 2018.

2 wp7068.17 List the petition for further consideration on 21st March, 2018.

If the petitioner deposits an amount of Rs.Fifty Thousand before the executing Court till 15th January, 2018, the execution of the impugned judgment and decree shall stand stayed until further orders.

If the amount is not deposited till 15th January, 2018, the interim order shall cease to operate from 16th January, 2018 and the respondent will be at liberty to proceed with the execution.

JUDGE RRaut..