Dr. Nadir Eddie Bharucha v. Nationalist Congress Party And ANR
2025:BHC-AS:50250 Sayyed 14-AO.789.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.789 OF 2019 Dr. Eddie Phiroz Bharucha & Ors.
...Appellants
Versus
Nationalist Congress Party & Anr.
...Respondents
WITH INTERIM APPLICATION NO.11882 OF 2025 IN APPEAL FROM ORDER NO.789 OF 2019 Dr. Nadir Eddie Bharucha & Ors.
...Applicants
Versus
Nationalist Congress Party & Anr.
...Respondents
_____________________________________________________ Mr. Vishal Kanade a/w Ms. Sulesha Sheth & Mr. Farzeen C. Pardiwalla i/by FZB & Associates for the Appellants.
None for the Respondents.
_____________________________________________________ CORAM :
JITENDRA JAIN, J.
DATE :
20 NOVEMBER 2025 P.C.:
1.
None for the respondents.
2.
The present appeal challenges an order dated 23 December 2014 passed on a motion taken out by the plaintiffs for deposit of Rs.1,62,500/- per month as compensation for the use of the suit property. The learned Judge has allowed compensation amount of Rs.25,000/- per month.
3.
Being aggrieved by the aforesaid order, the plaintiffs have filed the present appeal. Pending the appeal, the defendants failed to
Sayyed 14-AO.789.2019.doc deposit the amount as per the impugned order and, therefore, based on an application made by the plaintiffs, the City Civil Court struck of the defence of the defendants under Order XV-A of the Code of Civil Procedure, 1908 on 26 March 2015.
4.
In view thereof, nothing substantial survives in the present appeal. However, liberty is given to the plaintiffs to make fresh application for compensation, if they so desire. The trial of the main suit to be expedited. If any fresh application is made for compensation then same will be adjudicated without getting influence in any manner whatsoever with the impugned order dated 23 December 2014. 5.
The appeal is disposed of in the above terms. Consequently, the interim application does not survive and is disposed of. [ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 21/11/2025 11:43:52