Myron Pereira vs Khadija Ahmedi And Ors
2022 Latest Caselaw 7773 Bom

                                                                                   32 IA-17073-22.doc

BDP-SPS-TAC

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   BHARAT
   DASHARATH
   PANDIT
                                           CIVIL APPELLATE JURISDICTION
   Digitally signed
   by BHARAT
   DASHARATH
                                      INTERIM APPLICATION NO.17073 OF 2022
   PANDIT
   Date: 2022.08.12
   18:03:40 +0530                                       IN
                                    CIVIL REVISION APPLICATION NO.373 OF 2012

                      Myron Pereira                                .... Applicant.

                      In the matter of

                      Khadija Ahmadi and Ors.                .... Applicants.
                            V/s
                      Myron Pereira and Anr.                 ..... Respondents.
                      -----
                      Mr. Divesh Chamboowala        with Mr. Pradip R. Kadam for the
                      Applicant/Original Respondent No.1.
                      Mr. Nikhil Wadikar a/w Faiza Shaikh for Petitioner Nos. 1 and 3.
                      -----
                                       CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 10, 2022 P.C.:-

1] On 17/1/2020 while deciding Application of the Applicant i.e. landlord being Civil Application No.381 of 2016, non-applicant/tenant was directed to deposit amount of Rs 1,50,000/- towards compensation before 10th day of every calendar month. Non-applicant was also directed to clear arrears of compensation from 29/1/2004 till 31/1/2020 within a period of six months in three equal installments.

2] Fact remains that till this date, non-applicant/tenant who is a judgment debtor has not complied with the said order. As such, Application is taken out by the landlord seeking vacation of the interim relief dated 4/12/2012 whereby stay was ordered to the

32 IA-17073-22.doc

execution/operation of decree dated 29/1/2004.

3] When confronted, Counsel for the non-applicant/judgment debtor informs that financial position of the non-applicant/tenant is so weak that he is unable to meet financial liability. However, according to him, Revision itself be posted for final disposal, as same is pending for about 10 years.

4]    I have appreciated said submissions.


5]    Fact remains that non-applicant/tenant has no means to comply

with the order of this Court passed on 17/1/2020, thereby directing payment of compensation which is an admitted fact as is conceded by the Counsel for the non-applicant/tenant on instructions. Since non- applicant/tenant has no intention to deposit the amount of compensation and intends to use the property free of cost, it will be appropriate in my opinion to allow the Application in terms of prayer clause (a). As such, interim stay granted by order dated 4/12/2012 stands vacated.

6] Considering the present work-load, it is difficult to take up the Revision for final disposal.

7] Interim Application stands disposed of.

( NITIN W. SAMBRE, J. )