In Criminal Misc. Application No. 15 of 2022, the High Court at Goa revived a previously disposed Writ Petition regarding arrears of rent, maintenance, and alternate accommodation, finding the respondent in default.
Revival of Criminal Writ Petition No.5 of 2020 and permission to amend.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
47-CRMA-15-2022.ODT
Vinita
IN THE HIGH COURT OF BOMBAY AT GOA.
CRIMINAL MISC. APPLICATION NO. 15 OF 2022-F
IN
CRIMINAL WRIT PETITION NO.5 OF 2020.
SUNITA SANTOSH SURVYAVANSHI ...Applicant. VS SANTOSH MAHADEV SURYAVANSHI ...Respondent.
Mr. L. Raghunandan, Advocate for the applicant.
CORAM: A. K. MENON, J. DATE: 4th April, 2022.
P.C.:
1. By this application, the applicant seeks an order for revival of the Criminal Writ Petition No.5/2020. By an order dated 30.11.2021, this Court recorded that the respondent would pay all arrears of rent for alternate accommodation and arrears of monthly maintenance payable to the petitioner within two months. In addition, the respondent was to pay Rs.10,000/- per month and Rs.1500/- towards maintenance collectively a sum of Rs.11500/-
Page 1 of 2
47-CRMA-15-2022.ODT
from the month of December 2011 onwards on or before 7th day of each month. In the event of three defaults, the order disposing Writ Petition would be stand recalled and the Writ Petition be revived.
2. The applicant in the present application has stated on oath that
not a single rupee has been paid by the respondent. Thus, respondent is in arrears of not only of Rs.5,42,000/- but also monthly maintenance and monthly rent payable for alternate accommodation.
3. In view of this statement made, the Writ Petition shall stands revived
4. Issue notice to the respondents returnable on 25.4.2022.
5. Humdast is also permitted.
VINITA VIKAS NAIK Digitally signed by VINITA VIKAS NAIK Date: 2022.04.05 17:21:58 +05'30'
Page 2 of 2
SUNITA SANTOSH SURVYAVANSHI
SANTOSH MAHADEV SURYAVANSHI
A. K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
