Nandkumar Padmakar Joshi and Anr. v. Jayant Gopal Kurtadikar and Anr.
Case brief
What is this about?
The High Court modified an impugned order directing tenants to deposit monthly rent and arrears, setting a fixed amount of Rs. 2,000 monthly and Rs. 1 lakh in arrears to preserve the rights of both parties pending trial on rent enhancement claims under Order 15-A CPC.
What did the court decide?
Impugned order set aside; petitioners directed to deposit Rs. 1,00,000 as arrears and Rs. 2,000 monthly.
What the court decided
1 WP 8804.2011 - [ J ]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 8804 OF 2011
- Nandkumar S/o Padmakar Joshi Age : 47 Years, Occ. Business, R/o : Plot No. 12, Swami Narayan Nagar, Taroda (Kh.), Purna Road, Nanded. 2. Prof. Sharad S/o Digambar Joshi Age : 65 Years, Occ. Pensioner R/o : Ramanandnagar, Nanded .... PETITIONERS V E R S U S 1. Jayant S/o Gopal Kurtadikar Age : 56 Yrs., Occ. Lawyer, R/o : Chikalwadi Corner, Nanded. 2. Sow. Alka W/o Jayant Kurtadikar Age : 50 Yrs., Occ. Lawyer, R/o : Chikalwadi Corner, Nanded. .... RESPONDENTS
Mr. V.J.Dixit, Sr. Counsel instructed by Mr. A.N. Nagargoje, Advocate for the petitioners. Mr. A.M.Mukhedkar, Advocate for Resp. No.1 & 2.
2 WP 8804.2011 - [ J ]
CORAM : S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 23/11/2011.
ORAL JUDGMENT :
- Rule. Rule returnable forthwith. With the consent of the
learned counsel for the parties, taken up for final hearing.
Issues for consideration
2 issues framed by the court
Whether the Quantum of monthly rent and arrears to be deposited by tenants under Order 15-A of the Code of Civil Procedure in a suit for eviction should be fixed by the trial court when parties have a
Whether the impugned order directing deposit of enhanced rent and arrears can be modified in the interest of justice before evidence is led.
Parties & counsel
- petitioner
Nandkumar S/o Padmakar Joshi
- petitioner
Prof. Sharad S/o Digambar Joshi
- respondent
Jayant S/o Gopal Kurtadikar
- respondent
Alka W/o Jayant Kurtadikar
Coram
Case details
As recorded by the court registry
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