Bombay High Court
Shri. Padam S/O. Roshanlal Ghai ... vs Dr. Balasaheb S/O. Wasudeorao ... on 4 October, 2016
Bench: Prasanna B. Varale
1 WP4323.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 4323 OF 2015
PETITIONERS : 1] Shri Padam S/o Roshanlal Ghai
Aged 38 years, Occu. Business,
2] Smt. Prem W/o Omprakash Ghai,
Aged 75 years, Occu. Business.
Both R/o House No. 1487, Old Ward No.23,
ig Wardhaman Nagar, Nagpur.
3] M/s Punjab Boot House,
A registered partnership firm,
Deoghare Mohalla, Teennal Chouk,
through its partners petitioner nos.1 and 2.
- VERSUS -
RESPONDENT : Dr. Balasaheb S/o Wasudeorao Motghare,
Aged about 75 years Occu. Retired.
R/o Bansod Building, Ruikar Road,
Chitnavis Park Square, Nagpur - 18.
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Mr. M. I. Mourya, Advocate for the petitioners.
Mr. A. A. Sambaray, Advocate for the respondent.
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CORAM : PRASANNA B. VARALE, J.
DATE : OCTOBER 04, 2016.
ORAL JUDGMENT
Rule. Rule made returnable forthwith. Heard finally with
the consent of the learned counsel for the parties at the stage of
admission itself.
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2] The learned counsel for the respondent invited my
attention to the judgment and order passed by this Court in Writ
Petition No. 4322 of 2015, dated 03.08.2016 and submitted that said
writ petition was the connected petition and the parties to the present
petition were the parties to W. P. No.4322/2015. It is further submitted
that an identical issue involved in present writ petition i.e. decree for
eviction was passed and an interim order directing the petitioners to
deposit occupation charges, was the subject matter in W.P.
No.4322/2015. The learned counsel for the petitioners fairly admits the
submissions of the learned counsel for the respondent. Both the learned
counsel appearing for the parties submit that the present petition be
disposed of on the same lines of the judgment and order of this Court in
Writ petition No. 4322/2015, dated 03.08.2016.
3] In view of the submissions of the learned counsel for the
parties and on perusal of the judgment and order dated 03.08.2016 in
Writ Petition No.4322/2015, I am of the opinion that the present
petition can be disposed of on the same lines of the judgment and order
of this Court in Writ petition No. 4322/2015, dated 03.08.2016.
4] The petitioners, who are the original defendants against
whom the decree for eviction has been passed are aggrieved by the
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order passed by the appellate Court directing them to deposit a sum of
Rs.5,000/- per month towards occupation charges in Court.
5] This Court while issuing notice on 28.07.2015, directed the
petitioners to deposit occupation charges @ Rs.2,000/- per month from
05.03.2015 onwards.
6]
After hearing the respective counsel for the parties, it is
found that the interests of justice would be served if the appeal that is
pending before the Appellate Court is directed to be decided
expeditiously. The interim order dated 28.07.2015 can be permitted to
operate till the time the appeal is decided.
7] Hence, the following order is passed :
i] The petitioners shall continue to deposit occupation
charges @ Rs.2000/- per month in terms of order dated 28.07.2015.
This arrangement is, however, without prejudice to the rights of the
parties. The proceedings in Regular Civil Appeal No. 164 of 2015 are
expedited. As the paper book has already been prepared, the Appellate
Court shall decide the appeal as expeditiously as possible and preferably
by the end of November, 2016.
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ii] It is clarified that this Court has not examined the
correctness of the findings recorded in the order dated 26.06.2015 and
the appeal shall be decided on its own merits and in accordance with
law.
iii] Rule is made absolute in aforesaid terms. No costs.
JUDGE
Diwale
5 WP4323.15.odt
C E R T I F I C A T E
"I certify that this Judgment/order uploaded is a true and
correct copy of original signed Judgment/Order."
Uploaded By : Parag P. Diwale, P.A. Uploaded on: 05.10.2016
