Ravindra Babaji Mestry v. Kishor Maruti Bhekare

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13555 OF 2025 Ravindra Babaji Mestry

...Petitioner

Versus

Kishor Maruti Bhekare

...Respondent

Mr. Sunil Lalla a/w. Mr. Kishore Divekar and Mr. Avinash Chawala, for the Petitioner.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

4th NOVEMBER 2025 PC:- 1.

By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 10th July 2024 passed by the learned 3rd Joint Civil Judge Senior Division, Thane, below Exhibit-5 in Special Civil Suit No.347 of 2023 as also to the order dated 1st January 2025 passed by the learned Principal District Judge, Thane, in Miscellaneous Civil Appeal No.46 of 2024.

2.

By the impugned order dated 10th July 2024, the learned Civil Judge, Senior Division, Thane, directed the Petitioner to make payment of arrears of license fees of Rs.2,61,141/- and Rs.27,200/-

per month from the date of the filing of the suit till the disposal of the suit and said order is confirmed by the said impugned order dated 1st January 2025.

3.

At the outset, Mr. Lalla, learned Counsel appearing for the Petitioner seeks withdrawal of the Writ Petition with liberty to challenge the impugned orders, if necessary after the evidence is led by both the parties. He states that however, time be extended to deposit the amount as directed by the impugned orders. 4.

Accordingly, time to deposit the arrears of Rs.2,61,141/- and further arrears at the rate of Rs.27,200/- per month from the date of filing of the suit till 31st October 2025 is extended upto 31st January 2026.

5.

As far as the amount of Rs.27,200/- per month for the period of November 2025, the same shall be paid on or before 10th December 2025. The Petitioner shall also regularly pay the said amount of Rs.27,200/- per month on or before 10th day of each succeeding month.

6.

The Petitioner who is personally present in Court states that he will comply with these directions.

7.

The above statement of the Petitioner is accepted as undertaking given to this Court.

8.

Accordingly, the Writ Petition is allowed to be withdrawn and disposed of, subject to above.

[MADHAV J. JAMDAR, J.]