spb/- 1 ca1339-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1339 OF 2010 IN W.P.NO. 5493 OF 2002 Murlidhar Annaji Badve, since deceased through L.R.’s. : 1A. Smt. Suvarna M. Badve & Ors. ... Applicants.. (Org.Respondents) V/s. Satish Vallabh Katekar ... Respondent. (Org.Petitioner) --- Mr. Shrishail Sakhare for the Applicants. Mr. R.S.Datar for the Respondent. ----- CORAM : D. G. KARNIK, J. DATE : 20th JANUARY, 2011. P.C. 1 Heard learned counsel for the parties. 2 This application is made by the applicant for vacating the status- quo order (i.e. stay for execution of a decree) on the ground that the petitioner-tenant has not paid rent in time. 3 It is not disputed that after an application has been filed, all the arrears have been paid. It is however submitted that the rent was not paid regularly prior to the filing of the application and therefore, stay needs to be vacated. The order dated 30th September, 2002 does not direct the writ petitioner to deposit the rent in the court. As such it cannot be said that the petitioner -tenant has committed breach of the spb/- 2 ca1339-10.sxw order of the court. It was open to the respondent to move the court for a direction to deposit the rent in the court. 4 In the circumstances, the stay for execution of the decree cannot be vacated. Hence, civil application is rejected. [D.G. KARNIK, J.]