Shri Abdulsalam Jainoddin Shaikh And ANR. v. Shri Abdulmannan Makbul Shaikh (Since Deceased Through His Lrs

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SALGAONKAR M M Date: 2022.01.24 17:06:38 +0530 SALGAONKAR M M CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.807 OF 2021 IN CIVIL REVISION APPLICATION NO.6 OF 2014 Abdulsalam Jainoddin Shaikh & Anr.

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Applicants

Versus

Abdulmannan Makbul Shaikh (since deceased) through his LRs & Anr.

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Respondents ...

Mr.Ashok B. Tajane for the Applicants.

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CORAM: RAVINDRA V. GHUGE, J.

DATED : 21st JANUARY, 2022 P.C:- 1.

Considering that the earlier Advocate withdrew his appearance, this Court issued notice to the non-applicants on 23/11/2021. Despite service of notice, none appeared on 07/01/2022. To enable a further opportunity, the matter was posted today. Even today, none appears for the non-applicants. 2.

The learned Advocate for the applicant submits that this Court had granted protection to the non-applicants by an order dated 21/09/2015. The non-applicants were directed to pay the rent as determined and the protection was on the condition of depositing the compensation at the rate of M.M.Salgaonkar

2/2 5 IA-807-21.doc Rs.3,000/- per month, which was said to be a fair and proper determination of the compensation and the present applicant was permitted to apply for withdrawal in each month. 3.

The learned Advocate for the applicant points out a statement made by the applicant on oath that there has been a consistent default on the part of the non-applicants. 4.

In view of the above, this application is allowed in terms of prayer clause 4(a), which reads as under :- "The interim relief granted by this Hon'ble Court in Civil Revision Application No.6 of 2014 dated 16.07.2014 in terms of prayer clause (c) be vacated.

( RAVINDRA V. GHUGE, J.) M.M.Salgaonkar