Shri. Ram Notandas Sadhwani vs Smt. Kiran Wd/O Vinodkumar Shah
2017 Latest Caselaw 4819 Bom

                                              1

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.


                           WRIT PETITION NO.1875 OF 2017.


   PETITIONER:            Shri Ram Notandas Sadhwani,
                          aged about 58 yars, Occu: Business,
                          Place of Business, M/s. Hitesh Electronics,
                          Ground Floor, House No.131A, Ward No.31, City 
                          Post Office Road, Opposite Bikaner Restaurant, 
                          Itwari, Nagpur.


                                            : VERSUS :


   RESPONDENT:          Smt.Kiran wd/o Vinodkumar Shah,
                        aged about 66 years, Occu: Housewife,
                        R/o 1st and 2nd Floor of House No.131A,
                        Ward No.31, City Post Office Road,
                        Opposite Bikaner Restaurant, Itwari, Nagpur.

   -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
   Mr.Nitin Lalwani, Advocate for the petitioner.
   Mr.R.M.Sharma, Advocate for the respondent.
   =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

                                                       CORAM:   P.N.DESHMUKH, J.

                                                       DATED:    20th JULY, 2017.

   ORAL JUDGMENT:


   1.             Rule. Rule is made returnable forthwith.     Heard finally by

consent of learned counsel of both the parties.

2. Challenge in this petition is to impugned order passed below

Exh.5 in Regular Civil Appeal No.618 of 2016 dated 6th February, 2017

by learned District Judge - 17, Nagpur. By interim measure it was

prayed that condition imposed for payment of compensation from the

date of judgment is to be stayed. By order dated 29 th March, 2017 this

Court while issuing notice to respondent had reduced amount of

Rs.19,500/- per month imposed by the learned lower appellate Court to

Rs.10,000/- with directions to petitioner to deposit said amount per

month along with arrears, if any, within a period of two weeks from the

date of order.

3. Learned counsel for the parties have submitted that present

petition can be disposed of by giving suitable directions to the learned

lower Appellate Court to expeditiously decide the appeal and in the

meantime, petitioner shall continue to pay Rs.10,000/- as ordered by

this Court, as aforesaid.

4. In that view of the matter, learned District Judge-17, Nagpur

who is seized with Regular Civil Appeal No.618 of 2016 is directed to

decide above numbered appeal expeditiously and preferably within

period of two months from the date of this order as it is stated that

appeal is at the fag-end of the hearing.

5. In view of facts as aforesaid, petition stands disposed of in

above terms with no order as to costs.

Amount deposited with the Registry of this Court as per

order dated 29th March, 2017 be transferred to the District Court

Nagpur. Further amount shall be deposited by petitioner with the

District Court, Nagpur.

JUDGE chute