Shri.Chandrashekhar Prakash Siddhe And ANR v. Rajshekhar Annappa Taddewadi And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8114 OF 2025 IN CIVIL REVISION APPLICATION (ST) NO.16008 OF 2025 Chandrashekhar Prakash Siddhe & Anr.
...Applicants
Versus
Rajshekhar Annappa Taddewadi & Anr.
...Respondents
Mr. Prasad P. Kulkarni a/w. Mr. Nakul Vivek Shukla, for the Applicants.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
6th MAY 2025 P. C.:
1.
Heard Mr. Kulkarni, learned Counsel appearing for the Applicants.
2.
Issue notice to the Respondents, returnable on 17th June 2025.
3.
In addition to the Court notice, the Applicants to serve the Respondents by private service and file affidavit of service before the returnable date.
4.
Mr. Kulkarni, learned Counsel appearing for the Applicants states that the impugned decree is of eviction and the learned Executing Court has issued Possession Warrant. He states that although the learned Trial Court decreed the suit on 31st January 2023, no order has been passed in Regular Civil Appeal No.48 of 2023 directing deposit of compensation in terms of the judgment of the Supreme Court in the case of M/s. Atma Ram Properties (P) Ltd. vs. M/s. Federal Motors Pvt. Ltd.1.
5.
Mr. Kulkarni, learned Counsel, on the instructions of the Applicant No.1, who is personally present in Court, states that without prejudice to the rights and contentions of the Applicants, an amount of Rs.75,000/- will be deposited in the learned Executing Court within a period of two weeks from today. 6.
Mr. Kulkarni, learned Counsel, on the instructions of the Applicants, further states that an amount of Rs.5,000/- per month will be deposited before the learned Executing Court on or before 10th day of each succeeding month. First such payment shall be made on or before 10th June 2025.
(2005) 1 SCC 705
7.
Till the next date, the eviction decree shall not be executed. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:
2025.05.08 09:37:34 +0530 SONALI MILIND PATIL