Bombay High Court
Prabhakar S/O Nattusao Bhusari ... vs Sanjay S/O Vasant Saroday And ... on 26 July, 2016
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2498 OF 2016
1) Prabhakar s/o Nattusao Bhusari,
Aged about 78 years, Occ. - Nil,
R/o House No.112, Ward No.5,
Butibori, Tahsil - Butibori,
District - Nagpur.
2) Manoj s/o Prabhakar Bhusari,
Aged about 54 years, Occ. - Nil,
R/o House No.112, Ward No.5,
Butibori, Tahsil - Butibori,
District - Nagpur. .... PETITIONERS
VERSUS
1) Sanjay s/o Vasant Saroday,
Aged about 61 years,
Occupation -Business,
R/o Juni Vasti, Butibori, Tahsil-
Butibori, District - Nagpur.
2) Kumud w/o Krushnarao Bhusari,
Aged about 68 years,
Occupation - Housewife,
R/o Plot No.111-A, Gayatri Nagar,
Nagpur. .... RESPONDENTS
______________________________________________________________
Shri S.V. Sohoni, Advocate for the petitioners,
Shri M. Masodkar, Advocate for the respondent No.1,
Shri S.R. Gupta, Advocate for the respondent No.2.
______________________________________________________________
::: Uploaded on - 30/07/2016 ::: Downloaded on - 31/07/2016 00:11:55 :::
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CORAM : Z.A. HAQ, J.
DATED : 26
JULY, 2016.
th
ORAL JUDGMENT :
Heard Shri S.V. Sohoni, Advocate for the petitioners, Shri
M. Masodkar, Advocate for the respondent No.1 and Shri S.R. Gupta,
Advocate for the respondent No.2.
2.
Rule. Rule made returnable forthwith.
3. The petitioners have filed appeal before the District Court
challenging the judgment and decree passed by the trial Court by
which the trial Court has directed the petitioners to handover vacant
possession of the suit property, to pay Rs.2,54,000/- towards arrears of
rent alongwith interest and has granted other reliefs to the respondent
No.1-original plaintiff. In this appeal, the petitioners had filed an
application praying that the execution of the judgment and decree
passed by the trial Court be stayed. On this application, the learned
District Judge has passed the impugned order directing the petitioners
to deposit Rs.2,00,000/- within one month from 05-02-2016, to give
security for the remaining amount within one month and to pay
Rs.6,000/- per month towards occupation charges.
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4. The conclusions of the learned District Judge are proper
and does not require interference by this Court in the extra-ordinary
jurisdiction.
5. At this stage, the learned Advocate for the petitioners has
prayed that the petitioners be granted some time to deposit the
amount as directed by the District Court.
6. Considering the facts of the case, following order is passed
to sub-serve the ends of justice.
(i) The petitioners shall deposit Rs.2,00,000/- as directed by
the District Court, till 16-08-2016, before the District
Court.
(ii) The petitioners shall deposit Rs.6,000/- per month before
the District Court, the amount being calculated from
01-03-2016. The arrears of this amount shall be deposited
till 16-08-2016. The regular amount towards occupation
charges at the rate of Rs.6,000/- per month from
September 2016 onwards shall be deposited every month
till 10th of every month.
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(iii) The amount deposited by the petitioners shall not be given
to the respondent No.1 till the decision of the appeal. The
disbursement of the amount shall be as per the order that
may be passed at the time of disposal of the appeal.
(iv) The petitioners undertake to file the private paper-book. If
the private paper-book is filed, the learned District Judge
shall dispose the appeal till 16-01-2017.
(v) The petition is disposed in the above terms. In the
circumstances, the parties to bear their own costs.
JUDGE
adgokar
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CERTIFICATE
I certify that this Judgment uploaded is a true and correct
copy of original signed Judgment.
Uploaded by : P.M. Adgokar. Uploaded on : 30-7-2016.
P.A. to Hon'ble Judge.
