Kishor S/O Sampatrao Borkar v. Shivhari S/O Nagorao Ingole

1 44-1028-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1028/2024 Kishor S/o Sampatrao Borkar and another Vs.

Shivhari S/o Nagorao Ingole Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N.G. Jetha, Advocate for Petitioners CORAM: N.R. BORKAR, J.

DATED : 11th JULY, 2024 This petition takes exception to the order dated 17th January, 2024, passed by the learned Adhoc District Judge-2, Nagpur, below Exh.5 in Regular Civil Appeal No.190/2023.

2.

By the order impugned the first appellate Court has stayed the decree of eviction passed by the trial Court in favour of the petitioners subject to payment of occupancy charges by the contesting respondent to the petitioners at the rate of Rs.3000/- per month. 3.

The learned counsel for the petitioners submits that the learned appellate Court has not at all considered the fair rent certificate which was produced on record while directing the respondent to pay the occupancy charges at the rate of Rs.3000/- only. Considering the facts and

2 44-1028-24.odt circumstances of the case in my view instead of examining the matter on merits, it would be appropriate to direct the learned appellate Court to decide the appeal expeditiously. Ordered accordingly.

4.

The petition is disposed of in the above terms. No costs.

(N.R. BORKAR, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 16/07/2024 11:42:25