1 wp6367-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION WRIT PETITION NO. 6367 OF 2011 Mrs. Anita Paras Picha .. Petitioner V/s. Mrs. Jyoti Gajanan Kelkar & Anr. .. Respondents ..... Mr. Uday P. Warunjikar i/b. Mr. S. G. Kurup for the petitioner. Mr. S. M. Gorwadkar for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : NOVEMBER 16, 2011. P.C.: Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent. Considering the narrow controversy involved, taken up for final hearing. 2. An order of eviction was passed by the competent authority under the Maharashtra Rent Control Act, 1999 (hereinafter referred to as “the said Act”) against the petitioner. A Revision Application was preferred by the petitioner against the second respondent. An application for stay was made by the petitioner before the Revisional Authority. By the impugned order, the application for stay has been rejected. 2 wp6367-11 3. It is not in dispute that the Revision Application has been admitted for final hearing. Therefore, the execution order of eviction ought to have been stayed by the Revisional Authority till the final disposal of the Revision. As a condition for grant of stay, the petitioner will have to deposit the entire arrears at the rate of Rs.1600/- per month and the petitioner will have to continue to deposit the said amount till the final disposal of the said Revision Application. 4. Hence, I pass the following order: :: O R D E R :: i. The impugned order dated 16th May, 2011 is quashed and set aside. ii. Till the disposal of the Revision Application pending before the second respondent, the execution and operation of the impugned order of eviction shall remain stayed subject to condition of the petitioner paying to the first respondent an amount at the rate of Rs.1600/- per month payable till today and subject to further condition of the petitioner keeping on paying the said amount regularly and punctually to the first respondent on 3 wp6367-11 or before 10th day of every calender month till the disposal of the Revision Application. iii. Petitioner is restrained from creating any third party rights and parting with possession of the suit premises till the disposal of the Revision Application. iv. Time of six weeks is granted to deposit the arrears payable up to the end of November 2011. v. Hearing of Revision Application is expedited. vi. It is made clear that no adjudication has been made on merits of the Revision Application and all contentions of the parties on merits are kept open. (A.S.OKA, J.)