Allowed

Prakash Vishwanath Surve and Ors. v. Anil Govid Bhole and Anr.

Bombay HC12 Jan 2023IA/17864/2022

Case brief

AI extract

What is this about?

This order disposed of two interim applications filed under a civil revision regarding eviction. It held that an interim application could not be used for review but allowed the original tenants to withdraw deposited compensation. It also directed the landlord to refund the security deposit accrued interest and pay arrears within a specific deadline.

What did the court decide?

Respondent ordered to pay Rs. 3.65 Lakhs immediately and rest by March 31, 2023; original tenants allowed to withdraw deposited amount.

Prakash Vishwanath Surve and Ors. Vs Anil Govid Bhole and… — Landlord and Tenant | Bombay HC (2023)

¶1

2-ia-17864-2022 in cra-221-2021 spk.doc

¶2

Pallavi

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

Digitally signed PALLAVIMAHENDRAWARGAONKAR by PALLAVIMAHENDRAWARGAONKARDate:2023.02.24 13:10:08 +0530

¶5

INTERIM APPLICATION NO.17864 OF 2022

¶6

IN

¶7

CIVIL REVISION APPLICATION NO.221 OF 2021

¶8

Prakash Vishwanath Surve and Ors.… Applicants
Versus
Anil Govind Bhole… Respondent
In the matter between
Anil Bhole … Applicants
Versus
Prakash Vishwanath Surve & Ors.… Respondents

¶9

Mr. Suresh Sabrad for the Applicants in IA/17864/2022.
Ms. Reshma Ravi i/b. K.P. Ravi, for the Applicants in CRA/221/2021
and IA/17862/2022.

¶10

WITH

¶11

INTERIM APPLICATION NO.17862 OF 2022

¶12

IN

¶13

CIVIL REVISION APPLICATION NO.221 OF 2021

¶14

Anil Govind Bhole … Applicant

¶15

Versus

¶16

Prakash Vishwanath Surve and Ors.… Respondents

¶17

Ms. Reshma Ravi i/b. K.P. Ravi, for the Applicant in CRA/221/2021
and IA/17862/2022.

¶18

Mr. Suresh Sabrad for the Applicant in IA/17864/2022.

¶19

CORAM: MADHAV J. JAMDAR, J.
DATE : 12th JANUARY, 2023

¶20

P.C.:

¶21

INTERIM APPLICATION NO.17864 OF 2022:

¶22

1. Heard Mr. Suresh Sabrad, learned counsel appearing for the

¶23

Applicants in Interim Application i.e. Respondents in Civil Revision

¶24

1/5

¶25

2-ia-17864-2022 in cra-221-2021 spk.doc

¶26

Application and Ms. Reshma Ravi, learned Advocate appearing for
the original Applicant in Civil Revision Application.

¶27

2.By order dated 1st November 2018 passed in Writ Petition
No.12355 of 2018, the Applicants were directed to deposit
Rs.15,000/- pm towards interim compensation. The Applicants were
in arrears of payment of compensation from December 2019
onwards. Therefore, by order dated 29th October 2021, a learned
Single Judge granted the Applicants time to deposit said arrears in
two installments. First installment was directed to be deposited on or
before 18th November 2021 and second installment was directed to
be deposited on or before 20th November 2021 and the matter was
adjourned to 22nd November 2021 for reporting compliance.

¶28

3.In order dated 22nd November 2021, the learned Single Judge
recorded that the Applicant has deposited the first installment on 15th
November 2021. It is further recorded that as far as second
installment is concerned, as the Applicant suffered stroke of paralysis
on 2nd November 2021 and as he is undergoing medical treatment,
the period of deposit of second installment was extended upto 20th
December 2021.

¶29

4.On 22nd December 2021, the learned Single Judge recorded
that the second installment of Rs.1,80,000/- was deposited by the
Applicant and as none appeared for the Applicant, the matter was

¶30

2/5

¶31

2-ia-17864-2022 in cra-221-2021 spk.doc

¶32

adjourned.

¶33

5.By order dated 25th March 2022 passed by this Court in
Revision Application No.221 of 2021 along with Interim Application
No.3125 of 2020, the same were disposed of by directing that the
Applicant along with his family members would vacate and hand over
peaceful possession of the suit premises to the Respondent landlord
on or before 26th August 2022. It is further directed that an amount
of Rs.5 Lakhs would be deposited by the Applicant in the Registry
and if the Applicant and/or his family members fail to vacate the suit
premises on or before 26th August 2022, then the said amount of Rs.5
Lakhs would be forfeited.

¶34

6.Now, the Interim Application No.17864 of 2022 is taken out for
the relief seeking that Respondent No.1 be directed to deposit
compensation of Rs.15,000/- from December 2021 to August 2022
and for seeking other reliefs and to deduct the said arrears from the
said amount of Rs.5 Lakhs. It is admitted position that the original
applicant, in terms of order dated 25th March 2022 has vacated the
suit premises on 24th August 2022 i.e. well in advance before the
expiry of time granted by this Court i.e. on or before 26th August
2022. By order dated 25th March 2022, the learned Single Judge has
not directed payment of Rs.15,000/- for the period of December 2021
to August 2022. Therefore, the relief which is being sought in the

¶35

3/5

¶36

2-ia-17864-2022 in cra-221-2021 spk.doc

¶37

Interim Application is in the nature of review of order dated 25th
March 2022 and therefore, no relief can be granted in Interim
Application.

¶38

7.However, it is clarified that the present Applicant i.e. the
original Respondents are at liberty to take out appropriate
proceedings.

¶39

8.Mr. Suresh Sabrad, learned counsel appearing for the present
Applicants i.e. the Respondents states that the original Applicant in
Civil Revision Application has deposited an amount of Rs.15,000/-
pm for certain period and he wants withdrawal of said amount. Ms.
Reshma Ravi, learned counsel appearing for the original Applicant
has no objection for the same. Therefore, the Respondent Nos.1 to 5
in Civil Revision Application i.e. Original Plaintiffs are at liberty to
withdraw the amount which has been deposited by the original
Applicant of Rs.15,000/- per month. Interim Application No.17864 of
2022 is accordingly disposed of in above terms with no order as to
costs.

¶40

9. Interim Application No.17862 of 2022:

¶41

10.In Interim Application No.17862 of 2022, the applicant i.e.
Applicant in original Civil Revision Application is seeking prayer to
withdraw amount of Rs.5 Lakhs deposited in accordance with order

¶42

4/5

¶43

2-ia-17864-2022 in cra-221-2021 spk.doc

¶44

dated 25th March 2022. It is admitted position that the Applicants
have vacated the suit premises well within time as directed by the
order dated 25th March 2022.

¶45

11.The said amount of Rs.15,000/- from December 2021 to
August 2022 which according to Mr. Sabrad has not been deposited
comes to Rs.1,35,000/-. Therefore, office is directed to pay to the
Applicant – Anil G. Bhole, an amount of Rs.3,65,000/- along with
accrued interest on entire amount of Rs.5 Lakhs immediately. It is
further directed that if the Respondents fail to file appropriate
proceedings and get any order regarding payment from December
2021 to August 2022 then the balance amount of Rs.1,35,000/- be
paid to the Applicant – Anil G. Bhole after 25th March 2023 and in
any case on or before 31st March 2023. Interim Application No.17862
of 2022 is disposed of in above terms with no order as to costs.

¶46

(MADHAV J. JAMDAR, J.)

¶47

Note :This order is modified vide speaking to minutes order
dated 23/02/2023 and the corrections are shown in bold.

¶48

5/5

Prakash Vishwanath Surve and Ors. v. Anil Govid Bhole and Anr.

Case brief

What is this about?

What did the court decide?

Prakash Vishwanath Surve and Ors. v. Anil Govid Bhole and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/s.Yash Developers and Others Vs Sou.Komal Prabhakar Borkar and

M/s.Yash Developers and Others Vs Sou.Komal Prabhakar Borkar and

1. Badshah Bapu Kotwal and Others Vs 1. Abdul Bukas Kotwal and Others

Shri Ganpati Dynanu Hankare Vs 1. Smt. Neela Lpandurang Hankare and Ors.

The Bombay Diocesan Trust Association Private Ltd.,Thru.Representative, Lt.Col.Jayant Barla and or Vs Shri Ashok Dayanand Sonule

Mrs. Zainab Rarique Shaikh through Poa Mr. Rafique Luthfar Shaikh Vs Mr. Sharad Khubchand Nartekar