Prafulla Sadashiv Buty (Huf), Thr. Karta - Shri. Shree Krishna S/O Prafulla Buty v. Vijay S/O Shankarrao Talewar

2024:BHC-NAG:8984 1 66.WP.2511-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2511 OF 2024 ( Prafulla Sadashiv Buty (HUF), Thr. Its Karta-Shri Shreekrishna S/o Prafulla Buty Vs.

Vijay S/o Shankarrao Talewar ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rohit M. Sharma, Advocate for the Petitioner. Ms. Shaad F. Mirza, Advocate for the Respondent. CORAM: N.R. BORKAR, J.

DATED : 22nd JULY, 2024 Heard.

2.

The Petitioner herein has filed the suit for eviction and possession.

3.

Pursuant to the application filed by the Petitioner under Order XV-A of the Code of Civil Procedure, the Trial Court by order dated 31.03.2023 directed the Respondent to pay to the Petitioner a sum of Rs.8,57,430/- towards license fee and interest free deposit within two months and monthly license fee as per the leave and license agreement dated 21.12.2016 from April-2023.

4.

The learned Counsel for the Petitioner submits that, though the Trial Court has allowed the application filed by the Petitioner, it has not passed any order in respect of non-payment of license fees by the Respondent for the period

2 66.WP.2511-2024.odt from the date of filing of the application till the date of order. It is submitted that, the order of the Trial Court to that extent needs to be modified.

5.

The learned Counsel for the Respondent, on instructions, submits that the Respondent is ready to pay the entire arrears towards license fee within a period of three months from today.

6.

The statement is accepted as undertaking to this Court.

7.

In view of the above statement, the Petition is disposed of. No costs.

8.

Pending application/s, if any, shall stand disposed of accordingly.

(N.R. BORKAR, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 14/08/2024 17:28:14