Learned counsel for the appellant submits that the impugned order arises out of the suit filed by the respondent and the appellant’s application for fixation of standard rent. He submits that to challenge the order passed in his application the Writ Petition has already filed and is pending. He submits that he has filed an application on the Administrative Side for tagging the matter. He therefore seeks time.

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48-sa-518-2024-ia-11746-2024.doc

Learned counsel for the appellant submits that if an ad-interim protection is extended, the same condition be imposed as recorded in the order dated 10^th April 2024 in Writ Petition No. 10067 of 2024. Learned counsel for the appellant does not dispute the condition imposed by the said order. The said order was passed in the Writ Petition arising out of an order passed by the First Appellate Court granting conditions for stay to the decree for possession.

In view of the said order, the ad-interim protection granted by this court shall continue on condition that the appellant shall pay an amount of Rs. 20,000/- per month. Learned counsel for the appellant submits that the appellant has deposited the amount till the month of May 2024. Hence, the appellant shall deposit further amount in the trial court within four weeks from today. In addition to payment of the arrears the appellant shall continue to deposit Rs. 20,000/- per month on or before 10^th day of every month.

(GAURI GODSE, J.)

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Mr. Shivaji Sukhdeo Phadake v. Shakil Babu Mulla and Anr.

Case brief