wp4775.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.4775/2011 Bhagwandas J. Boob -vs- Swaminath Pyarelal Pande ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri A. S. Dhore, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : 08.12.2011. Heard. By this petition, the petitioner impugns the order passed by the trial Court on 16/03/2011 rejecting an application filed by the petitioner for a direction to the defendant-respondent to pay the arrears of rent. On hearing the learned counsel for the parties and on perusal of the record, the trial Court found that the defendant-respondent was regularly depositing a sum of rupees two hundred and fifty in the Court towards monthly rent. The trial Court observed that the defendant was not a defaulter, as he was regularly depositing the rent in the Court and the petitioner-plaintiff was withdrawing the same. In this background, the trial Court dismissed the application filed by the petitioner for direction to the respondent to deposit the arrears of rent. There is nothing wrong with the order dated wp4775.11.odt 2/2 16/03/2011 as also the order dated 02/01/2010 rejecting an application filed by the petitioner-plaintiff under Order 15A of the Code of Civil Procedure. The judgment reported in 2003 (3) Mh.L.J. 617 and relied on by the counsel for the petitioner is not relevant for deciding the issue involved in this case. In the result, the writ petition is dismissed with no order as to costs. However, since the civil suit is filed in the year 2003, the trial Court is directed to decide the same as expeditiously as possible and within a period of six months from the date of appearance of the parties before the trial Court. JUDGE KHUNTE