Bombay High Court
Dr. Vinay Krishnarao Thorat And ... vs Sanjay Murlidhar Zope on 26 August, 2022
Bench: Nitin W. Sambre
32 IA-3543-2022.doc
BDP-SPS-TAC
BHARAT
DASHARATH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PANDIT
Digitally signed
CIVIL APPELLATE JURISDICTION
by BHARAT
DASHARATH
PANDIT
Date:
INTERIM APPLICATION NO.3543 OF 2022
2022.08.26
17:35:19 +0530
IN
CIVIL REVISION APPLICATION NO.623 OF 2009
Dr. Vinay Krishnarao Thorat and Others ....Applicants.
V/s
Sanjay Murlidhar Zope .... Respondent.
Mr. Nitin P. Deshpande for the Applicants.
Mr. Satyajeet A. Rajeshirke for the Respondent.
CORAM: NITIN W. SAMBRE, J.
DATE: AUGUST 26, 2022
P.C.:-
1] Based on the judgment of the Apex Court in the matter of Atma
Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. , reported in
(2005) 1 SCC 705, decree holder has moved the present Application,
seeking directions to deposit compensation.
2] Mr. Deshpande, learned Counsel appearing for the
Applicant/decree holder would urge that adjoining property similar to
the one which is put to non-residential use is fetching monthly rent of
Rs 30,000/-. He would further urge that similar flat is fetching rent of
Rs 21,000/- in adjoining building. As such, according to him,
Petitioner-non-applicant/judgment debtor be directed to pay amount
of Rs 30,000/- per month. Claim is substantiated, based on certain
32 IA-3543-2022.doc
documents.
3] Mr. Rajeshirke, learned Counsel for the Respondent/judgment
debtor would invite my attention to the order dated 2/8/2011 in
which compensation is claimed to have been fixed @ Rs 1200/- p.m.
According to him, flat in question is used for residential purpose and
the non-applicant/judgment debtor is in advance stage of his life i.e.
he is senior citizen. As such, he would urge that Court should have
regard to the nature of use, the fact that decree holder has lost
proceedings before the Trial Court and also the order of this Court
referred above passed on 2/8/2011.
4] I have appreciated aforesaid submissions.
5] Fact about commercial property admeasuring 320 sq. ft is
fetching monthly rental income of Rs 30,000/-, so also residential
property admeasuring 750 sq. ft which is similarly situated as that of
the suit property is fetching Rs 21,000/- as rent can be inferred from
the available material on record. Admittedly, non-applicant/judgment
debtor is in possession of flat on the ground floor, area of which is 690
sq. ft.
6] In the backdrop of statistic of the property on record as reflected
in foregoing para, in my opinion, considering the area occupied by the
non-applicant/judgment debtor which is 690 sq.ft. (Flat), it will be
appropriate to direct the non-applicant/judgment debtor to deposit
32 IA-3543-2022.doc
amount of Rs 10,000/- in this Court towards compensation based on
the judgment in the matter of Atma Ram Properties (P) Ltd., cited
supra. Let the aforesaid amount be deposited from the date of
Application i.e. 01/03/2022. The entire amount of arrears be
deposited in this Court within a period of three months from today.
Non-applicant/judgment debtor shall before 10th of each English
Calendar month shall continue to deposit the said amount of
compensation in this Court.
7] Interim Application stands allowed in the aforesaid terms.
8] The order restraining non-applicant from creating third party
interest in the property as was ordered by the Appellate Court is
directed to be continued till decision of this Revision.
( NITIN W. SAMBRE, J. )
