Vishalakshi Krishnamurthy vs Sharad Dattatraya Bapat on 20 October, 2021

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Bombay High Court

Vishalakshi Krishnamurthy vs Sharad Dattatraya Bapat on 20 October, 2021

Bench: A.S. Gadkari

Osk                                                            35-CRA-65-2021.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                         CIVIL APPELLATE JURISDICTION

                CIVIL REVISION APPLICATION NO. 65 OF 2021

Vishalakshi Krishnamurthy & Ors.                     ... Applicants
      V/s.
Sharad Dattatraya Bapat & Ors.                       ... Respondents


Mr.Ajit Tamhane a/w. Mr.Gunjan Tamhane and Mr.Yash Juwatkar i/b.
Tamhane & Co. for Applicants.
Mr.Zombia Irani i/b. Mr.Prashant Tikare for Respondent Nos.1 & 2.


                                        CORAM : A.S. GADKARI, J.

DATE : 20th October 2021.

P.C. :

1. Heard learned counsel for the respective parties.

2. Admit.

3. Record indicates that, the Respondent-landlord had sought eviction of the Applicants from the suit premises on the ground of bonafide requirement of their married daughter, who has now retired on superannuation from Reserve Bank of India, as an Officer.

In view thereof, interim relief in terms of prayer Clause (b).

4. As has been mentioned in the cause title, the Respondent Nos.1 and 2 are aged about 84 years. In view thereof, hearing of the present Revision is expedited.

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Osk 35-CRA-65-2021.odt

5. List the Revision Application on 'Final Hearing Board' as per its own turn in the category of 'Senior Citizens'.

6. Applicants are directed to deposit monthly compensation, as has been directed by the Appellate Court, during the pendency of the present Revision Application.

7. Mr.Tamhane, learned counsel for Applicant submitted that, there is an arrears from February 2020 and the same will be cleared within a period of three months from today by depositing it in the Registry of Small Causes Court, Mumbai.

8. Respondents are at liberty to file application for enhancement of interim compensation, in view of decision of Hon'ble Supreme Court in the case of M/S. Atma Ram Properties (P) Ltd vs M/S. Federal Motors Pvt. Ltd., (2005)1 SCC 705, if they so advised.



                                                                       [A.S. GADKARI, J.]




           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2021.10.21
           15:53:49
           +0530




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