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Bombay High CourtCAC/409/2015disposed off

Satish Ganpati Vhatkar v. Dattatray Govind Kadam Since Deceased Through Heirs Sajjan Dattatraya Kadam And ORS.

2015-10-26Hon'Ble Shri Justice M.S. Sonak2 pages

DSS 27-cac-409-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 409 OF 2015 IN CIVIL REVISION APPLICATION NO. 641 OF 2009 Satish G. Vhatkar .. Applicant (Org. Defendant) vs.

Dattatray G. Kadam since deceased through heirs 1a Sajjan D. Kadam and ors.

.. Respondents Mr. S.M. Railkar for the Applicant.

CORAM :

M. S. SONAK, J.

DATE : 26 OCTOBER 2015.

P.C. :­ 1] Since the Application is made within a time, the same is made absolute in terms of prayer clause (a). Necessary amendment to be carried out in the Civil Application No. 408 of 2015. Amendment to be carried out forthwith.

2] Issue notice to the legal representatives of deceased Respondents in Civil Application No. 408 of 2015, once the necessary amendment is carried out, returnable on 30 November 2015 (High On Board).

3] The learned counsel for the Applicant states that despite eviction decree, which was made on 18 September 2008, the Applicant continues in possession. There is no ad­interim relief 1/2

DSS 27-cac-409-15 granted by this Court. In any case, if the Applicant continues in possession, the Applicant is directed to deposit in this Curt compensation at the rate of Rs.1000/­ per month from the date of eviction decree till date and thereafter continues to deposit compensation at the rate of Rs.1000/­ per month on or before 5th day of each succeeding month. The arrears to be deposited on or before 31 December 2015. This determination is only ad­hoc basis. In case, at least 50% of the arrears are deposited on or before 30 November 2015, there shall be a stay on the execution of eviction decree. However, if there is any default, this interim relief shall stand vacated.

4] Further, if there is any delay or default on the part of Applicant in either carrying out amendment or serving notice upon the legal representatives of deceased Respondents, the interim order made today, shall stand vacated.

5] Civil Application is disposed of.

(M. S. SONAK, J.) dinesh 2/2