Ranjit S/O Vishwanath ... vs Ramkishore S/O Bindaprasad Pali
2022 Latest Caselaw 8271 Bom

                                                                                                                                     2308 WP 5092 of 2022.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                                         WRIT PETITION NO.5092//2022

                                        Ranjit S/o Vishwanath Chakraborty (Thakur)
                                                        ...Versus...
                                              Ramkishore s/o Bindaprasad Pali
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                                        Shri R.N. Sen, Advocate for petitioner



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 23/08/2022

1. Heard Shri R.N. Sen, learned counsel for the petitioner.

2. It is contended that the impugned order granting stay to the execution on the condition that the petitioner shall pay Rs.6,000/- p.m. to the respondent towards occupational charges of the suit premises from the date of the judgment and decree passed by the Trial Court within one month from the date of the order till the final disposal of the appeal, is based on no material whatsoever. The admitted rent being paid was Rs.1,500/- p.m. and it is contended that it was necessary for the respondent/landlord to have brought on record the material to indicate the determination of the 2308 WP 5092 of 2022.odt

occupation charges, in absence of which, the learned Appellate Court, could not have arrived at the figure of Rs.6,000/- p.m., considering that the property in question is situated in the interior of the locality and is 50 years old, the same is lacking, considering which, issue notice for final disposal to the respondent, returnable on 05/09/2022.

3. The petitioner shall deposit occupation charges @ Rs.3,000/- p.m., from the date of the judgment and decree of the Trial Court up-to-date by 29/08/2022.

4. There shall be a stay of the eviction, subject to the condition of the above deposit. In case the deposit is not made by 29/08/2022, the stay shall automatically stand vacated.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:23.08.2022 19:47