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Mr. Shivaji Sukhdeo Phadake v. Shakil Babu Mulla And ANR

2024-09-20Hon'Ble Shri Justice N. J. Jamadar2 pages

48-sa-518-2024-ia-11746-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 518 OF 2024 WITH INTERIM APPLICATION NO. 11746 OF 2024 IN SECOND APPEAL NO. 518 OF 2024 Mr. Shivaji Sukhdeo Phadake ... Appellant/Applicant vs.

Shakil Babu Mulla ... Respondent Mr. Yuvraj Narvankar, for Appellant/Applicant. Mr. Drupad S. Patil a/w. Dheeraj Patil, for Respondent. CORAM : GAURI GODSE, J.

DATED : 20th SEPTEMBER 2024 ORDER:

1.

Learned counsel for the appellant submits that the impugned order arises out of the suit filed by the respondent and the appellant's application for fixation of standard rent. He submits that to challenge the order passed in his application the Writ Petition has already filed and is pending. He submits that he has filed an application on the Administrative Side for tagging the matter. He therefore seeks time.

Page no. 1 of 2

48-sa-518-2024-ia-11746-2024.doc 2.

Learned counsel for the appellant submits that if an ad-interim protection is extended, the same condition be imposed as recorded in the order dated 10th April 2024 in Writ Petition No. 10067 of 2024. Learned counsel for the appellant does not dispute the condition imposed by the said order. The said order was passed in the Writ Petition arising out of an order passed by the First Appellate Court granting conditions for stay to the decree for possession. 3.

In view of the said order, the ad-interim protection granted by this court shall continue on condition that the appellant shall pay an amount of Rs. 20,000/- per month. Learned counsel for the appellant submits that the appellant has deposited the amount till the month of May 2024. Hence, the appellant shall deposit further amount in the trial court within four weeks from today. In addition to payment of the arrears the appellant shall continue to deposit Rs. 20,000/- per month on or before 10th day of every month. 4.

List the second appeal on 13th December 2024 for 'admission'.

(GAURI GODSE, J.) Page no. 2 of 2