Mukti Co-Operative Housing ... vs Smt. Manekbai Vithal Bhoosarath ...
2022 Latest Caselaw 6299 Bom

                       (33)-WP-3997-21.doc.


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

          Digitally
          signed by
                                    WRIT PETITION NO.3997 OF 2021
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2022.07.06
          14:46:42
          +0530        Mukti Co-operative Housing Society Ltd.         ..Petitioner
                           Versus
                       Mankabai V. Bhoosarath & Ors.                   ..Respondents

                       Mr. S. C. Naidu i/by Mohit Jadhav & Megha Shigavan, for
                       the Petitioner.
                       Mr. G. S. Godbole i/by Rahul Soman & Marlyn Dias, for the
                       Respondent No.3.

                                                    CORAM : NITIN W. SAMBRE, J.

DATE : 5th JULY, 2022

P.C.

1. Having heard respective counsels for some time, a case for consideration is made out.

2. Hence, Rule.

3. Mr. G. S. Godbole, waives on behalf of Respondent No.3.

4. As far as grant of interim relief is concerned, there shall be stay to the execution of possession warrant, as it is brought to my notice that the property was to be handed over to the petitioner free from encumbrances. During the course of conduct of the suit, it is brought on

BGP. 1 of 2 (33)-WP-3997-21.doc.

record that there were tenants, so also the property was subjected to acquisition.

5. The aforesaid eventualities claimed to have prompted the petitioner not to pay rent for a period from 16th May, 1971 to 16th July, 1974.

6. The petitioner shall continue to deposit an amount of Rs.50,000/- per month as is directed.

7. However, this will not preclude the respondent taking out proceedings based on the judgment of the Apex Court in the matter of Atmaram Properties which will be considered and deal with independent of the present order.

8. Hearing of the petition is expedited.

9. Amount of Rs.50,000/- per month which is deposited is permitted to be withdrawn in view of consent extended by the petitioner, however, such withdrawal is subject to outcome of the petition.

                                [NITIN W. SAMBRE, J.]




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