1 (CAW 1193 of 2010 in WP 7657 of 2004) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1193 OF 2010 IN WRIT PETITION NO. 7657 OF 2004 Parshuram Ganpatrao Jadhav (Since Deceased through LRs) Smt. Vimal Parshuram Jadhav and Ors. ...Applicants (Org. Respondent) Vs. Smt. Sushila Gajanan Suryawanshi and Ors. ...Respondents (Org. Petitioners) ----- Mr.T.S. Ingale for Applicants Mr. A.B. Borkar for Respondents ----- CORAM: V.M. KANADE J. DATED: 22nd March, 2011 P.C. 1. This is an application filed by the Applicants/Respondents seeking an order of vacating stay granted by this Court. 2. It is submitted that by order dated 24th July, 2009, the Learned Single Judge of this Court had directed the Respondents to deposit arrears of rent within 3 months. According to the Petitioners, though agreed rent of Rs.100/-, the Respondents-Tenants have deposited rent at the rate of Rs.50/- p.m. It is submitted that there is 2 (CAW 1193 of 2010 in WP 7657 of 2004) non-compliance of the order passed by the Learned Single Judge and, therefore, the stay is liable to be vacated. 3. On the other hand, it is submitted by the learned counsel for the Respondents that the Trial Court had held that the agreed rent was not Rs.100/-p.m. and had answered the said issue in negative. The Appeal Court had reversed the finding. It is submitted that the order of the Appeal Court is stayed and, therefore, the Respondents have paid rent as per the judgment and order of the Trial Court. The learned counsel for the Respondents submits that Respondents-Tenants undertake to deposit the balance amount in the event, the petition filed by them is dismissed. 4. In my view, in view of the statement made by the learned counsel for the Respondents, it is not necessary to vacate the interim order passed by this Court since there is a dispute about the rent which is payable to the landlord. Civil Application, therefore, is dismissed. Hearing of the writ petition is expedited. 5. Place the writ petition on the final hearing board in the week commencing from 11th April, 2011. (V.M. KANADE J.)