Neela Mahendra Sangahavi And Anr vs M/S. Vandana Builders, Thr. ...
2022 Latest Caselaw 13280 Bom

                                                            25&28-CRA-217-22++.doc

Sharayu Khot.
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                    CIVIL REVISION APPLICATION NO. 217 OF 2022
                                            WITH
                         INTERIM APPLICATION NO. 3371 OF 2022
                                              IN
                    CIVIL REVISION APPLICATION NO. 217 OF 2022


      Suresh Shankar Rokade                                     ...Applicant

                Versus

      M/s. Vandana Builders                                     ...Respondent

                                           ----------
      Mr. Girish Godbole a/w Mr. Piyush Raheja i/by Mr. Jitendra Jain for
      the Applicants/Appellants in all CRAs.
      Mr. Yogesh C. Naidu a/w Eden DH Ribeiro, Souptik Mukherjee i/by
      Vidhi Parikh for the Respondent in all CRAs.
                                           ----------

                                           CORAM : R.I. CHAGLA J

                                             DATE       : 20 December 2022

      ORDER :

1. The Applications are made for continuation of stay of the

execution of the decrees granted by the Appellate Bench of the Small

Causes Court on 17th January 2022 and which was till final hearing

of the Appeals. The stay was of the execution of the impugned

25&28-CRA-217-22++.doc

judgments and orders passed by the Trial Court, in the Suits from

which the Appeals and Civil Revision Applications have been filed

and Interim Applications taken out. A statement giving the

particulars are appended to this order. The Appeals were finally

disposed of by orders dated 22nd September 2022. It is an admitted

position that the Applicants/Appellants had deposited in terms of

compensation a sum of Rs. 7,500/- per month fixed by the Appellate

Bench in Appeals vide orders dated 17th January 2022 till 30th

September 2022 and which was the condition for the stay of the

execution of the decrees.

2. Mr. Godbole has sought for continuation of the stay of

the execution of the decrees pending the hearing of the Civil Revision

Applications. He states on instructions that the Appellants will

deposit the interim compensation of Rs. 7,500/- per month as

condition for the stay of execution of the decrees as had been

directed by the Appellate Bench vide the said orders dated 17th

January 2022. Mr. Godbole states on instructions that from 1st

October 2022 till 31st January 2023 the interim compensation of Rs.

7,500/- per month will be deposited in this Court on or before 5th

January 2023 as condition for stay of the execution of the decree.

25&28-CRA-217-22++.doc

Statement is accepted.

3. All Civil Revision Applications shall be placed on 16th

January 2023.

4. There shall be stay of execution of the decrees subject to

deposit by the Applicants/Appellants of the interim compensation of

Rs. 7,500/- per month in each Civil Revision Application.

5. The interim compensation of Rs. 7,500/- per month,

which is being deposited by the Applicants/Appellants in the Civil

Revision Applications, particulars of which have been provided in the

statement appended to this order, shall be deposited in fixed deposits

in any nationalised bank.

[R.I. CHAGLA J.]