Appeal against an order quashing the appellant's defence in a suit for eviction and mesne profit due to failure to deposit rent; appeal allowed with quashing of the impugned order.
Impugned order striking off defence quaashed; appellant allowed to withdraw amount deposited in this Court.
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IN THE HIGH COURT OF BOMBAY AT GOA.
APPEAL FROM ORDER NO. 45 0F 2015.
John Janus Barreto … Appellant. Vs Mrs. Philomena D'Souza through Attorney Mr. Alberty D'Souza … Respondent.
Mr. D. Pangam, Advocate for the appellants. Mr. Anthony D'Silva, Advocate for the respondent.
Coram:- K. L. WADANE,J. Date:4th February, 2016.
ORAL ORDER
The appellant has preferred this appeal against the order dated 4.6.2015 passed by the Ad-hoc Senior Civil Judge, “A” Court, Mapusa, whereby an application at Exh. 64-D filed by the respondent under Order 39 Rule 11 of the CPC is allowed. Hence, the present appeal.
The respondent filed a suit for eviction and mesne profit. The respondent also filed an application seeking direction to the appellant to deposit the rent.
application for striking of the defence of the appellant at Exh. 64-D. The learned Trial Court was pleased to direct that the defence of the appellant be strucked off.
Corrections carried out as per order dated 4.3.2016.
15.9.2012, the appellant has deposited entire amount in this
Court as per the direction of the trial Court and he also stated that the appellant be allowed to deposit a sum of Rs.1000/- per month as per the directions of the trial Court.
passed by the Ad-hoc Senior Civil Judge, A Court, Mapusa Corrections carried below the application at Exh. 64-D is hereby quashed and set out as per order respondent dated aside. The appellant is at liberty to withdraw the amount 4.3.2016. deposited in this Court pursuant to the order passed by the trial Court.
K. L. WADANE, J.
vn*
1 provisions across 1 enactments
John Janus Barreto
Mrs. Philomena D'Souza
K. L. WADANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
