Maniben Devji Gala Since Deceased and Ors. vs Smt. Rajavi Wd/O Gopal Shetty and Ors. — Bombay HC (2025) — LawSathi Research

Maniben Devji Gala Since Deceased and Ors. vs Smt. Rajavi Wd/O Gopal Shetty and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Monthly deposit for use of the suit premises enhanced ad hoc from Rs.15,000/- to Rs.60,000/- per month with effect from 1 December 2025 by modifying the order dated 15 February 2013; each month's amount payable by the 10th of the following month; liberty to apply in January to fix the date of hearing; original plaintiffs/respondents to apply for withdrawal of the enhanced deposits.

Issue for consideration

Whether the monthly deposit of Rs.15,000/- fixed by the order dated 15 February 2013 for use of the suit premises should be enhanced, and to what amount (the applicants sought at least Rs.1,00,000/- per month).

Court's answer

Declining to go into the justification urged by both sides, the Court held that the interest of justice would be met by directing an ad hoc enhanced monthly payment.

Ratio / Principle

The order dated 15 February 2013 stands modified: the appellants/original defendants are directed to deposit Rs.60,000/- per month with effect from 1 December 2025.

Key takeaways

Compensation of Rs.60,000/- for the month of December is to be deposited on 1 January 2025 (date exactly as printed in the order).ratio¶¶21
Thereafter the appellants/original defendants are to keep paying by the tenth of every month for use of the premises for the previous month.ratio¶¶21
Liberty is granted to the parties to make an application in the month of January for fixing the date of hearing.ratio

Detailed headnote1 paragraphs

Interim Application No. 3465 of 2025 (High Court of Judicature at Bombay, Civil Appellate Jurisdiction; Jitendra Jain, J.; decided 1 December 2025) taken out by Maniben Devji Gala (since deceased) & Ors., original plaintiffs/respondents in the appeal brought by Rajavi wd/o Gopal Shetty & Ors., seeking modification of the order dated 15 February 2013 under which the appellants/original defendants were directed to deposit Rs.15,000/- per month for use of the suit premises in Court; the applicants sought at least Rs.1,00,000/- per month. Without adjudicating the rival justifications, the Court modified the 2013 order and directed an ad hoc deposit of Rs.60,000/- per month by the appellants/original defendants from 1 December 2025, the December compensation to be deposited on 1 January 2025 (as printed) and subsequent payments by the 10th of each month for the preceding month; liberty was given to apply in January to fix the date of hearing, and the original plaintiffs/respondents were to apply for withdrawal, their earlier withdrawal entitlement of Rs.15,000/- being replaced by Rs.60,000/-. Interim application disposed of.

ppn 1 20.ia-3465.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

Digitally signed PRACHI by PRACHIPRANESH PRANESH NANDIWADEKAR NANDIWADEKAR Date: 2025.12.01 INTERIM APPLICATION NO.3465 OF 2025 17:31:14 +0530 IN

Maniben Devji Gala (since deceased) & Ors. ….Applicants

In the matter between

Rajavi wd/o Gopal Shetty & Ors.

….appellantss

V/s.

Maniben Devji Gala (since deceased) & Ors. .…Respondents

Mr. Shreepad Murthy a/w Mr. Abhishek Patil for the appellants.

Mr. Rajesh Kachare a/w Mr. Santosh M. Suryawanshi for the respondents/applicants.

CORAM : JITENDRA JAIN, J. DATED : 1^st December 2025

P.C. :

This interim application is taken out by the applicant/original plaintiffs seeking modification of the order dated 15 February 2013 by which the appellants/original defendants was directed to deposit Rs.15,000/- per month for use of the suit premises in this Court.

By the passage of time, we are today in the year 2025 i.e. 12 years from the date of the order by which Rs.15,000/- was directed to be deposited.

The application is taken out for enhancement of the aforesaid amount for the reasons stated in the application. The applicant/original

ppn 2 20.ia-3465.25.doc

plaintiffs requests that atleast Rs.1,00,000/- should be directed to be deposited.

The Court deems fit that rather than going into the justification by both the parties, the interest of justice would be met, if an ad hoc amount of Rs.60,000/- per month is directed to be paid in this Court. Therefore, the order dated 15 February 2013 stands modified by directing the appellants/original defendants to deposit Rs.60,000/- per month from 1 December 2025. The compensation of Rs.60,000/- for the month of December will be deposited on 1 January 2025. Likewise, the appellants/ original defendants will keep on paying by the tenth of every month for the use of premises for the previous month.

Liberty to the parties to make application in the month of January for fixing the date of hearing.

The original plaintiffs/respondents to make application for withdrawal of this said amount since by earlier order, they were permitted to withdraw Rs.15,000/- and by this order the said figure is replaced by Rs.60,000/-.

Interim application is disposed of in above terms.

(JITENDRA JAIN, J.)