Partly allowed

A. Maithili Nair Thr. Poa. Mr. Rashmikant C. Shah v. Vijaykumar Vasant Hate and Another

Bombay HC23 Jan 2024CRA/277/2022

Case brief

AI extract

What is this about?

This order disposes of a civil revision application and an interim application. The Court quashed the impugned order of the Appellate Bench, restored the appeal for a fresh hearing, permitted the deposit of outstanding arrears, and stayed the impugned decree pending disposal.

What did the court decide?

Impugned judgment and order quashed; appeal restored; stay on impugned decree continued; applicant directed to deposit outstanding amount and pay monthly compensation.

A. Maithili Nair Thr. Poa. Mr. Rashmikant C… — Civil Procedure and Limitation | Bombay HC (2024)

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904 - CRA 277 OF 2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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KANCHAN Digitally signed byKANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2024.01.2418:35:25 +0530

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CIVIL APPELLATE JURISDICTION

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CIVIL REVISION APPLICATION NO. 277 OF 2022 ALONGWITH

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INTERIM APPLICATION NO. 1849 OF 2023
IN

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CIVIL REVISION APPLICATION NO. 277 OF 2022

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A. Maithili Nair….. Applicant

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VERSUS

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Vijaykumar Vasant Hate & Anr.….. Respondents

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Mr.Surel S.Shah i/b. Mr.Kiran Jain & Co. for the Applicant.

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Mr.Pradeep Thorat, i/b. Mr.Mohansinh S.Ghatge for the
Respondent No.1.

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CORAM: RAJESH S. PATIL, J.

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 DATE : 23 JANUARY, 2024

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P.C. :-

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Mr.Shah, learned counsel appearing for the applicant

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submits that the applicant is present in Court. Mr.Shah submits

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that as per the directions of this Court by orders dated 13
December 2023 and 21 December, 2023, the applicant is
physically present in Court.

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2. After the matter was argued for some time, both the

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learned counsel agree that the matter can be disposed of with

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904 - CRA 277 OF 2022.doc

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certain conditions :-

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(i)the impugned judgment and order dated
27 April, 2022 passed in Order below Ex.1 in
Appeal No. 5 of 2014 by the Appellate Bench of
the Small Causes Court, Bandra Branch, Mumbai
is quashed and set aside.

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(ii)Appeal No. 5 of 2014 is restored back to
the file of the Appellate Bench of the Small Causes
Court, Mumbai. Appeal No. 5 of 2014 be heard by
the Appellate Bench of the Small Causes Court,
Mumbai, on its own merits. Appellate Bench of the
Small Causes Court will make an endevour to
dispose of the appeal as expeditiously as possible.

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3. Civil Revision Application is accordingly disposed of.

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Pending interim application is also disposed of.

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4. Mr.Shah on behalf of the applicant at this stage submits

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that the interim order of stay to the execution passed by this

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904 - CRA 277 OF 2022.doc

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Court on 27 February, 2023 be further continued till disposal of
Appeal. Mr. Thorat, learned counsel appearing for the respondent
landlord informs this Court that he has instructions to oppose
this application. Mr. Thorat further submits that from 14 August,
2015 till now, the applicant is in arrears of the amount of the
compensation payable. Mr. Thorat submits that the amount of the
compensation payable is at the rate of Rs.13,000/- per month.

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5.Mr.Shah, on instructions from his client submits that the
outstanding amount at the rate of Rs.13,000/- per month from
16 January, 2014 till December 2023 is roughly around
Rs.13,91,000/-. Mr.Shah submits that his client will deposit the
entire arrears with the Court of Small Causes within a period of
two weeks from today. The statement made by Mr.Shah is
accepted as an undertaking made to this Court.

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6.The applicant is permitted to deposit a sum of
Rs.13,91,000/- with the Court of Small Causes within a period of
two weeks from today. The applicant is further directed to pay a

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904 - CRA 277 OF 2022.doc

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sum of Rs.13,000/- per month as compensation on 10th day of
every month from January 2024 till hearing and final disposal of
the Appeal No. 5 of 2014.

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7. In view of the above directions, there will be stay to the impugned judgment and decree dated 16 January, 2014 passed by the Trial Court in R.A.E. & R. Suit No. 451/1050 of 1996 by

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the Small Causes Court till the hearing and final disposal of the
Appeal No. 5 of 2014.

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8. The parties to act on the authenticated copy of this order.

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[RAJESH S. PATIL, J.]

A. Maithili Nair Thr. Poa. Mr. Rashmikant C. Shah v. Vijaykumar Vasant Hate and Another

Case brief

What is this about?

What did the court decide?

A. Maithili Nair Thr. Poa. Mr. Rashmikant C. Shah v. Vijaykumar Vasant Hate and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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