AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2954 OF 2007 IN CIVIL APPLICATION NO.628 OF 2005 IN WRIT PETITION NO.977 OF 2003 ALONG WITH CIVIL APPLICATION NO.1484 OF 2005 IN WRIT PETITION NO.977 OF 2003 Sau. Vimal Pundalik Shelar. ... Applicant (Orig. Plaintiff/Respondent) Vs. Muralidhar Devram Surwade ... Respondent (Orig. Defendant) Mr. N.B. Shah i/b Mr. V.N. Tayade for the applicant. Mr. Suresh Dubey i/b J.S. Kini for the respondent. CORAM : SMT. RANJANA DESAI, J. DATED : 17TH JANUARY, 2008. P.C.: 1. Civil Application No.2954 of 2007 filed by the applicant (original respondent/plaintiff) seeks recall of my order dated 18/8/2005 on Civil Application No.628 of 2005. The operative part of the order reads thus : AJN 2 “The respondent in this civil application shall deposit Rs.200/- per month in the trial court on or before 15th day of each month. This is an interim order which shall be in existence till the writ petition is finally decided. It is clarified that this interim order is without prejudice to the rights and contentions of the parties. It is further clarified that this court has not expressed any opinion on the aspect of the standard rent of the suit premises. It appears that the respondent in this civil application has so far made payment at the rate of Rs.100/- per month. He shall pay the amount which will be found due from him from 25/8/1998 till date, on the basis of the order passed by me today, within a period of four months from today. Needless to say that he shall go on depositing the rent at Rs.200/- per month till the disposal of this writ petition. The applicant i.e. the respondent in the writ petition will be at liberty to withdraw the said amount. Civil application is disposed of.” 2. My attention is drawn by learned counsel for the applicant to order dated 12/11/2003 passed by Justice A.P. Shah while issuing rule on this petition. Interim stay of possession was granted subject to condition that the petitioner shall deposit in the trial court rent upto 30/11/2003 within 8 weeks from the date of the order and deposit the current rent regularly on or before 15th of each month AJN 3 commencing from December, 2003. 3. I am informed that the current rent is Rs.400/- per month. This appears to be so. This has been stated by me in my order dated 18/08/2005 also. I am informed that the respondent/petitioner had filed an application for fixation of standard rent, which was rejected. A revision application carried from that order was also dismissed. Learned counsel for the applicant submitted that therefore, this court ought to have directed the respondent/petitioner to deposit an amount of Rs.400/- per month instead of Rs.200/- per month because the earlier order passed by Justice A.P. Shah makes specific mention of current rent. I find substance in this submission. Being a coordinate court, the order passed by me ought to be in terms with the order passed by Justice A.P. Shah. Hence, the operative part of the order is modified and wherever the figure “Rs.200/-” is found in the operative part of the order, the same shall be read as “Rs.400/-”. Obviously, therefore, the respondent/petitioner would be in arrears of rent. The respondent is directed to pay the arrears in monthly instalment of Rs.10,000/- each. First of such instalments shall be paid on or before 28/2/2008. Thereafter, each of such instalments AJN 4 shall be paid on or before 10th day of each month. It will be open to the petitioner to approach this court for vacating the stay order in case there are two defaults committed by the respondent/petitioner. Civil Application No.2954 of 2007 is disposed of. 4. Civil Application No.1484 of 2005 seeks vacating of order dated 12/1/2003. In view of the above order the said civil application does not survive and is disposed of as such. [SMT. RANJANA DESAI, J.]