1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE LETTERS PATENT APPEAL NO.73 OF 2006 LETTERS PATENT APPEAL NO.73 OF 2006 LETTERS PATENT APPEAL NO.73 OF 2006 & & & CIVIL APPLICATION NO.95 OF 2006 CIVIL APPLICATION NO.95 OF 2006 CIVIL APPLICATION NO.95 OF 2006 Mr.Jokhulal Maurya ...Appellant Mr.Jokhulal Maurya ...Appellant Mr.Jokhulal Maurya ...Appellant Vs. Vs. Vs. Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents WITH WITH WITH LETTERS PATENT APPEAL NO.74 OF 2006 LETTERS PATENT APPEAL NO.74 OF 2006 LETTERS PATENT APPEAL NO.74 OF 2006 & & & CIVIL APPLICATION NO.96 OF 2006 CIVIL APPLICATION NO.96 OF 2006 CIVIL APPLICATION NO.96 OF 2006 Birendra Bahadur Singh ...Appellant Birendra Bahadur Singh ...Appellant Birendra Bahadur Singh ...Appellant Vs. Vs. Vs. Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents WITH WITH WITH LETTERS PATENT APPEAL NO.75 OF 2006 LETTERS PATENT APPEAL NO.75 OF 2006 LETTERS PATENT APPEAL NO.75 OF 2006 & & & CIVIL APPLICATION NO.97 OF 2006 CIVIL APPLICATION NO.97 OF 2006 CIVIL APPLICATION NO.97 OF 2006 Shaikh Mustaq & Anr. ...Appellants Shaikh Mustaq & Anr. ...Appellants Shaikh Mustaq & Anr. ...Appellants Vs. Vs. Vs. Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents WITH WITH WITH LETTERS PATENT APPEAL NO.76 OF 2006 LETTERS PATENT APPEAL NO.76 OF 2006 LETTERS PATENT APPEAL NO.76 OF 2006 & & & CIVIL APPLICATION NO.98 OF 2006 CIVIL APPLICATION NO.98 OF 2006 CIVIL APPLICATION NO.98 OF 2006 Mithailal Vishwakarma ...Appellant Mithailal Vishwakarma ...Appellant Mithailal Vishwakarma ...Appellant Vs. Vs. Vs. Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents WITH WITH WITH LETTERS PATENT APPEAL NO.77 OF 2006 LETTERS PATENT APPEAL NO.77 OF 2006 LETTERS PATENT APPEAL NO.77 OF 2006 & & & CIVIL APPLICATION NO.99 OF 2006 CIVIL APPLICATION NO.99 OF 2006 CIVIL APPLICATION NO.99 OF 2006 Harikrishna Mistry ...Appellant Harikrishna Mistry ...Appellant Harikrishna Mistry ...Appellant Vs. Vs. Vs. 2 Mrs. Daphne D’Souza & Ors. ...Respfondents Mrs. Daphne D’Souza & Ors. ...Respfondents Mrs. Daphne D’Souza & Ors. ...Respfondents WITH WITH WITH LETTERS PATENT APPEAL NO.78 OF 2006 LETTERS PATENT APPEAL NO.78 OF 2006 LETTERS PATENT APPEAL NO.78 OF 2006 & & & CIVIL APPLICATION NO.100 OF 2006 CIVIL APPLICATION NO.100 OF 2006 CIVIL APPLICATION NO.100 OF 2006 Harihar Jaikishan Vishvakarma ...Appellant Harihar Jaikishan Vishvakarma ...Appellant Harihar Jaikishan Vishvakarma ...Appellant Vs. Vs. Vs. Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents WITH WITH WITH LETTERS PATENT APPEAL NO.79 OF 2006 LETTERS PATENT APPEAL NO.79 OF 2006 LETTERS PATENT APPEAL NO.79 OF 2006 & & & CIVIL APPLICATION NO.101 OF 2006 CIVIL APPLICATION NO.101 OF 2006 CIVIL APPLICATION NO.101 OF 2006 Mahesh Narayan Sabhajeet Singh ...Appellant Mahesh Narayan Sabhajeet Singh ...Appellant Mahesh Narayan Sabhajeet Singh ...Appellant Vs. Vs. Vs. Mrs.Daphne D’Souza & Ors. ...Respondents Mrs.Daphne D’Souza & Ors. ...Respondents Mrs.Daphne D’Souza & Ors. ...Respondents WITH WITH WITH LETTERS PATENT APPEAL NO.80 OF 2006 LETTERS PATENT APPEAL NO.80 OF 2006 LETTERS PATENT APPEAL NO.80 OF 2006 & & & CIVIL APPLICATION NO.102 OF 2006 CIVIL APPLICATION NO.102 OF 2006 CIVIL APPLICATION NO.102 OF 2006 Chandraramamani Umakatn Sharma ...Appellant Chandraramamani Umakatn Sharma ...Appellant Chandraramamani Umakatn Sharma ...Appellant Vs. Vs. Vs. Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents WITH WITH WITH LETTERS PATENT APPEAL NO.81 OF 2006 LETTERS PATENT APPEAL NO.81 OF 2006 LETTERS PATENT APPEAL NO.81 OF 2006 & & & CIVIL APPLICATION NO.103 OF 2006 CIVIL APPLICATION NO.103 OF 2006 CIVIL APPLICATION NO.103 OF 2006 Pancham Surai Vishvakarma ...Appellant Pancham Surai Vishvakarma ...Appellant Pancham Surai Vishvakarma ...Appellant Vs. Vs. Vs. Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents Mrs. Daphne D’Souza & Ors. ...Respondents Mr.Naveen Parekh i/b. Ms. Hetal Patel for Appellant Mr.Naveen Parekh i/b. Ms. Hetal Patel for Appellant Mr.Naveen Parekh i/b. Ms. Hetal Patel for Appellant Clive D’Souza for Respondent Clive D’Souza for Respondent Clive D’Souza for Respondent 3 CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. DATED: 24TH APRIL, 2006 DATED: 24TH APRIL, 2006 DATED: 24TH APRIL, 2006 P.C. P.C. P.C. 1 . Heard the Advocate for the Appellants. In all 1 . Heard the Advocate for the Appellants. In all 1 . Heard the Advocate for the Appellants. In all these appeals the appellants challenge the order these appeals the appellants challenge the order these appeals the appellants challenge the order passed by the learned Single Judge on 19th February, passed by the learned Single Judge on 19th February, passed by the learned Single Judge on 19th February, 2006 directing the appellants to deposit sum of 2006 directing the appellants to deposit sum of 2006 directing the appellants to deposit sum of Rs.1500/- per month on or before 10th of English Rs.1500/- per month on or before 10th of English Rs.1500/- per month on or before 10th of English Calendar month. The challenge is restricted only to Calendar month. The challenge is restricted only to Calendar month. The challenge is restricted only to the said direction under the said order. the said direction under the said order. the said direction under the said order. 2. Undisputedly the impugned order has been 2. Undisputedly the impugned order has been 2. Undisputedly the impugned order has been passed in exercise of powers under Order 41 Rule 5 of passed in exercise of powers under Order 41 Rule 5 of passed in exercise of powers under Order 41 Rule 5 of the Code of Civil Procedure. The order is purely the Code of Civil Procedure. The order is purely the Code of Civil Procedure. The order is purely discretionary order and there is nothing on record to discretionary order and there is nothing on record to discretionary order and there is nothing on record to disclose that the discretion has not been exercised disclose that the discretion has not been exercised disclose that the discretion has not been exercised judiciously while passing the impugned order. Being judiciously while passing the impugned order. Being judiciously while passing the impugned order. Being so there is absolutely no case for interference by the so there is absolutely no case for interference by the so there is absolutely no case for interference by the Appellate Court in the impugned order. Appellate Court in the impugned order. Appellate Court in the impugned order. 3. The learned Advocate for the appellants at 3. The learned Advocate for the appellants at 3. The learned Advocate for the appellants at this stage request for extension of time to deposit this stage request for extension of time to deposit this stage request for extension of time to deposit the amount ordered to be deposited and submits that the amount ordered to be deposited and submits that the amount ordered to be deposited and submits that whatever amount was due and liable to be deposited by whatever amount was due and liable to be deposited by whatever amount was due and liable to be deposited by 10th of April, 2006 may be allowed to be deposited by 10th of April, 2006 may be allowed to be deposited by 10th of April, 2006 may be allowed to be deposited by 10th of May, 2006. Purely on humaniterian ground the 10th of May, 2006. Purely on humaniterian ground the 10th of May, 2006. Purely on humaniterian ground the said request is acceded to and the appellants are said request is acceded to and the appellants are said request is acceded to and the appellants are allowed to deposit the amount whatever is due and allowed to deposit the amount whatever is due and allowed to deposit the amount whatever is due and 4 liable to be deposited on 10th April, 2006 latest by liable to be deposited on 10th April, 2006 latest by liable to be deposited on 10th April, 2006 latest by 10th May, 2006. 10th May, 2006. 10th May, 2006. 4. On such liberty being given, the learned 4. On such liberty being given, the learned 4. On such liberty being given, the learned Advocate for the appellants craves leave to withdraw Advocate for the appellants craves leave to withdraw Advocate for the appellants craves leave to withdraw the appeals and applications. the appeals and applications. the appeals and applications. 5. Accordingly the appeals and applications are 5. Accordingly the appeals and applications are 5. Accordingly the appeals and applications are allowed to be withdrawn with the liberty to deposit allowed to be withdrawn with the liberty to deposit allowed to be withdrawn with the liberty to deposit the amount as stated above. the amount as stated above. the amount as stated above. (SMT. ROSHAN DALVI, J.) (R.M.S.KHANDEPARKAR,J.) (SMT. ROSHAN DALVI, J.) (R.M.S.KHANDEPARKAR,J.) (SMT. ROSHAN DALVI, J.) (R.M.S.KHANDEPARKAR,J.)