Lsp 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 CIVIL APPLICATION NO.1010 of 2008 IN WRIT PETITION NO. 3170 of 2003 Vithal Ranoj Vhatkar (Deceased) by LRs-Ratnabhai V. Vhatkar & ors. ...Applicants v/s. Jaysingh R. Ingawale ...Respondents P.N.Karlekar for the applicants. Mr. Borkar for respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 9TH JANUARY, 2009 : 9TH JANUARY, 2009 : 9TH JANUARY, 2009 P.C. . Heard Counsel for the parties. Perused the order dated 20th January, 2006. Even if each statement of the respondent-original petitioner is accepted as it is, that does not take the matter any further. In that, the order dated 20th January, 2006 not only requires the respondent-writ petitioner to deposit all the arrears of rent within six weeks from the date of the order in the Trial Court, but also to pay monthly rent in the Trial Court on or before 10th of every English calender month. There is no dispute that the amount of arrears of rent was not deposited within six weeks as ordered by this Court. The respondent-writ petitioner was ill advised to move the Trial Court for extension of time. That obviously was done to gain time or for the reason best known to the respondent-writ petitioner. Even if case 2 made out by the respondent-writ petitioner is accepted with regard to non-deposit of amount towards arrears of rent, the fact remains that the respondent-writ petitioner has not complied the second part of the order which obliged him to pay monthly rent on regular basis before 10th of every English calender month. The fact that the respondent-writ petitioner moved the Trial Court is once again of no consequence. It is admitted position that the application moved by the respondent-writ petitioner was rejected by the Trial Court as back as in July, 2008. No attempt has been made by the respondent-writ petitioner to move this Court on expiry of six weeks from 20th October, 2006 which is almost 3 years as of now. In the circumstances, no indulgence can be shown to such litigant. Accordingly, I am in agreement with the stand taken by the applicants that the interim-relief granted to the respondent-writ petitioner be vacated forthwith. Hence, application is made absolute in terms of prayer clause 8(a). Ordered accordingly. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]