1 CA10301/11,3111/11,13427/09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 10301 of 2011 (Prabhakar Sapkal-died-LRs & Ors. v. Shri Balaji Deosthan Trust & Ors.) WITH Civil Application No. 3111 of 2011 (Shri Balaji Deosthan Trust & Ors. v. Prabhakar Sapkal-died-LRs & Ors.) WITH Civil Application No. 13427 of 2009 (Shri Balaji Deosthan Trust & Ors. v. Prabhakar Sapkal-died-LRs & Ors.) IN Second Appeal No. 1378 of 2004 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.B. Shirsath, Advocate for the applicants in CA 10301/2011 Mr. V.H. Dighe, Advocate for respondents in CA 10301/2011 PER COURT : 1. Heard. 2. The delay of 13 days caused in bringing legal heirs of deceased respondent No. 1 on record stands condoned. The legal representatives of deceased respondent No. 1 are allowed to be brought on record. They be made parties to the appeal. In view of above, C.A. No. 3111 of 2011 stands allowed. 3. The C.A. No. 10301 of 2011 is moved by all 2 CA10301/11,3111/11,13427/09 respondents / tenants including legal representatives of deceased respondent No. 1, who died during pendency of the appeal. This application is moved for seeking leave of the Court to deposit yearly rent in this Court. 4. This is an appeal arising from a suit for eviction filed by the appellants / landlord. It is said that during pendency of the appeal, the Court directed the respondents / tenants to deposit yearly rent. As per such direction, it is said that the respondents / tenants are depositing the rent every year. In such situation, the present application is moved seeking leave of the Court to implement the order which already was in force against the respondents / tenants. The learned counsel for the appellants / landlord points out that there is possibility of default being committed by the respondents / tenants in depositing the amount as per order of the Court. He said that his clients would examine this aspect of the case and make an application for striking out defence of the respondents / tenants (as per provisions of Order XV of Code of Civil Procedure). The appellants / landlord is given liberty to make suitable application, but since the order directing the respondents / tenants for deposit of the amount every year is in force, the leave is granted. The respondents / 3 CA10301/11,3111/11,13427/09 tenants shall deposit the rent amount for this year and also in future in this Court. In view of above, CA No. 10301 of 2011 stands allowed. 5. C.A. No. 13427 of 2009 is disposed of as not pressed. 20th Sept. 2011 ( A.V.NIRGUDE, J. ) SRM/