bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 4143 OF 2009 PETITION NO. 4143 OF 2009 PETITION NO. 4143 OF 2009 Smt.Kanchan Prabhulal Kapadia ... Petitioner v/s Kamleshsingh Harnamsing Chowhan ... Respondent Mr.O.P.Pandya for the petitioner. Mr.V.N.Desai for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 22ND APRIL, 2009 22ND APRIL, 2009 22ND APRIL, 2009 P.C. P.C. P.C.: 1. The petitioner is aggrieved by the order dated 6.2.2009 passed in Appeal No.203 of 2008 in R.A.E. Suit No.110/178 of 2004. According to the petitioner, this order does not take into consideration the fact that the respondent who claims to be the landlord is not entitled to recover the amounts in view of the interim orders of the Allahabad High Court passed in Misc. Application No.1733 of 1985 in First Appeal No.407 of 1982. 2. In my opinion, this petition can be conveniently disposed of at the stage of admission itself by modifying the impugned order to the following extents:- 2 (i) The amount which the petitioner has been directed to deposit in Court, shall be deposited by the petitioner as stipulated in the impugned order. However, the respondent is not entitled to withdraw the amount from the Small Causes Court pending the hearing of the appeal. (ii) The time to deposit is extended by a period of three weeks from today. 3. Writ petition disposed of accordingly.