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Bombay High CourtCAS/1525/2018ca disposed off

Shri. Ramchandra S/O. Bhayyalalji Wadbudhe v. Shri. Madhukar S/O. Bhayyalalji Wadbudhe

2019-10-18Hon'Ble Shri Justice Manish Pitale2 pages

SA169-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Civil Application No.1525 of 2018 in Second Appeal No. 169 of 2016 (Ramchandra w/o Bhayyalalji Wadbudhe .vs. Madhukar Bhayyalalji Wadbudhe ) ------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders ----------------------------------------------------------------------------------------------------------- Mr. A.B. Moon, Advocate for Appellant.

Mr. D. R. Khapre, Advocate for Respondent.

CORAM : Manish Pitale, J.

DATED : October 18, 2019.

This is an application filed on behalf of sole respondent seeking vacation of interim order dated 04.10.2017 passed by this Court, on the ground that the appellant has violated the condition imposed by this Court while granting such interim order.

2.

By the said order dated 04.10.2017, this Court had directed the appellant to deposit Rs.1500/- per month towards occupation charges in this Court. It was directed that the appellant shall deposit the said occupation charges on or before 15th of every month. 3.

There is no dispute about the fact that the appellant is in arrears of Rs.16,500/- towards payment of occupation charges and the sole respondent is justified in raising a grievance in that regard.

4.

In view of the above, this application is disposed of with a direction to the appellant to deposit

SA169-16.odt the aforesaid amount of arrears within a period of four weeks from today, failing which the interim order dated 04.10.2017 shall stand vacated.

5.

It is made clear that the appellant shall regularly deposit the occupation charges as directed by this Court by the 15th of every month and if there is default of more than two months, the interim order dated 04.10.2017 passed by this Court shall stand vacated. Application is disposed of.

JUDGE halwai