Wasudeo S/O Ramaji Atkare vs Kushabilal S/O Wazirchand Bahel
2022 Latest Caselaw 6800 Bom

                                                                                                44-WP3994.22.odt
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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                           WRIT PETITION NO. 3994 OF 2022
                                 Wasudeo Ramaji Atkare
                                           -Vs.-
                               Kushabilal Wazirchand Bahel
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.
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                                        Mr.O.A.Ghare, counsel for the petitioner.



                                                CORAM : MANISH PITALE, J.

DATE : 18.07.2022

Heard the learned counsel for the petitioner.

2. A specific issue is raised in the present petition to the effect that in the proceedings before the Court of Small Causes, issues were not framed at all before the matter went to trial and that it was in the judgment for the first time that points for determination were mentioned and findings thereon were rendered.

3. It is submitted that this has become a practice in the Court of Small Causes at Nagpur, which is a fundamental flaw and vitiates the entire findings rendered by the said Court. It is submitted that this aspect was not appreciated in the appeal also.

4. It is further submitted that pleadings in the plaint indicate that along with the plea of bona fide need, the respondent also referred to increased rent that the suit shop could fetch.

KHUNTE 44-WP3994.22.odt

5. Issue notice for final disposal, returnable on 19/09/2022.

6. The learned counsel for the petitioner submitted that the petitioner was paying occupational charges of Rs.2,000/- per month during the pendency of the appeal.

7. This Court is of the opinion that the occupational charges need to be increased , considering that they were determined in the year 2016 when the appeal was filed.

8. Accordingly, there shall be ad interim stay in terms of prayer clause (B) till the next date of listing, subject to the petitioner depositing occupational charges at the rate of Rs.5,000/- per month from 01/04/2022 and during pendency of the present writ petition. The amounts towards arrears from 1st April to July, 2022 shall be deposited within four weeks from today. The occupational charges for August, 2022 onwards shall be deposited by the 5th of each month.

9. The respondent, upon his appearance shall be entitled to withdraw such amounts to be deposited by the petitioner.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:20.07.2022 10:45

KHUNTE