Shri. Laxman T. Nirankari Thr. Poa. ... vs Shriniwas Gopal Pandit on 12 December, 2018

[Cites 1, Cited by 4]

Bombay High Court

Shri. Laxman T. Nirankari Thr. Poa. ... vs Shriniwas Gopal Pandit on 12 December, 2018

Bench: M.S.Sonak

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SAS
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                             CIVIL APPELLATE JURISDICTION

                    CIVIL REVISION APPLICATION NO.32 OF 2018

      Jagdish Dadoba Jadhav                                      ..Applicant.
                 V/s.
      Shriniwas Gopal Pandit                                     ..Respondent.

                                      WITH
                   CIVIL REVISION APPLICATION NO.192 OF 2018

      Laxman T. Nirankari                                        ..Applicant.
                 V/s.
      Shriniwas Gopal Pandit                                     ..Respondent.

                                      WITH
                    CIVIL REVISION APPLICATION NO.7 OF 2018
                                      WITH
                   CIVIL REVISION APPLICATION NO.361 OF 2018

      Vinayak Krishna Chougule & Ors                             ..Applicant.
                 V/s.
      Shriniwas Gopal Pandit                                     ..Respondent.

      Mr.S.S. Patwardhan, Senior Advocate for the applicant in
      CRA/32/2018.

      Mr.Sandeep Shinde I/b. Ergo Juris for the applicant in
      CRA/7/2018. & CRA/361/2018.

      Mr.G.S.Godbole, Senior Advocate with Mr.D.S. Patil                    for the
      respondent in all matters.

                                              CORAM: M.S.SONAK, J.

DATE : DECEMBER 12, 2018 ::: Uploaded on - 14/12/2018 ::: Downloaded on - 27/12/2018 06:02:16 ::: 2 27) cra32-18.doc P.C.:-

Heard the learned counsel for the parties for some time. Rule.

2. Mr.Godbole learned counsel waives service of notice for the respondent.

3. There shall be ad-interim relief against the respondent restraining him from executing the eviction decree subject to following conditions :-

(i) The applicant in each Civil Revision Application to file an undertaking that they are in possession of the suit premises and that they shall not part with the possession or create any third party rights;

(ii) That the applicant shall deposit in this Court compensation at the rate of Rs.8,000/- per month from July 1, 2017 on or before fifth day of each succeeding month;

(iii) The time limit for deposit of arrears shall be two months from today;

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(iv) The aforesaid determination of compensation is on ad-hoc basis taking into consideration the area of the suit premises and the locality that is hardly 400 mtrs. away from Mahalaxmi Temple. The applicants are stated to be using the suit premises for commercial purposes;

(v) The parties are, therefore, at liberty to file affidavit and place the market value before this Court for determination of compensation in terms of of decision in Atma Ram Properties (Private) Limited Vs. Federal Motors Private Limited1 and the same will be considered at the time of confirmation of ad- interim relief;

(vi) In case of any two consecutive defaults in payment of compensation, the ad-interim relief shall stand vacated without further reference to the Court;

(viii) The applicant to furnish copy of the affidavit-cum-

undertaking to learned counsel appearing for the respondents before it is filed, within four weeks from today; 1 2005(1) SCC 705 ::: Uploaded on - 14/12/2018 ::: Downloaded on - 27/12/2018 06:02:16 ::: 4 27) cra32-18.doc

ix) The issue as to whether the deposit of compensation should be from the date the trial Court ordered eviction of the applicant is also kept open and will be decided at the stage of confirmation of the ad-interim relief;

x) Considering the the respondent is a senior citizen, hearing of the Civil Revision Applications are expedited. wer (M.S.SONAK, J.) ::: Uploaded on - 14/12/2018 ::: Downloaded on - 27/12/2018 06:02:16 :::

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