1 ndm 909 caw.1779.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1779 OF 2010 IN WRIT PETITION NO. 3237 OF 2001 Prakash Mohanlal Adwani Vs. Gunda Govind Chikhale, since deceased through his heirs. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Umesh R. Mankapure for the Applicant. Mr. A.M.Savagave i/b Mr. S.S.Patwardhan for the Respondents. CORAM : A.S.OKA, J. DATE : 10th December, 2010. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondents. 2 Valuation report has been tendered by the learned counsel appearing for the Applicant on record of this application. According to the valuer, the compensation as per the market rate is Rs.4,800/- per month. Perusal of the report shows that the method adopted by the valuer may not be correct. Nevertheless, it must be noted that the suit premises is a shop premises admeasuring 11.18 sq.mtrs., which is situated opposite State Transport Bus Stand, Sangli. It is situated in a commercial area. According to the 2 Applicant, the agreed rent in respect of the suit premises is Rs.60/- per month exclusive of taxes. 3 The Respondents will have to pay a reasonable amount by way of compensation till disposal of the writ petition. The Petition is of the year 2001. The Applicant was heard before granting interim relief in the writ petition. Considering all these aspects, the Respondents (the Petitioners in the writ petition) will have to deposit compensation of Rs.1000/- per month inclusive of rent and permitted increases from the date of filing of this civil application. 4 Hence, civil application disposed of by passing following order: i. The Respondents (Petitioners in writ petition) shall deposit with the trial Court compensation at the rate of Rs.1,000/- per month from 1st March, 2010 till the disposal of the writ petition ; ii. The amount will be inclusive of agreed rent and permitted increases ; iii. The arrears payable till 31st December, 2010 shall be deposited on or before 31st march, 2011 ; iv. The Respondent shall go on depositing sum of Rs.1,000/- per month with the trial Court from 3 January, 2011 onwards till the disposal of the writ petition ; v. It will be open for the Applicant to withdraw the agreed monthly rent and permitted increases ; vi. Rest of the amount shall be permitted to be withdrawn by the Applicant on furnishing security to the satisfaction of the trial Court; vii. In the event, Respondents commit any breach, it will be open for the Applicant to apply for vacating interim relief granted in the writ petition. [ A.S.OKA, J ]