-: 1 :- SPB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 559 OF 2008 APPEAL FROM ORDER NO. 559 OF 2008 APPEAL FROM ORDER NO. 559 OF 2008 IN IN IN NOTICE OF MOTION NO. 1149 OF 2007 NOTICE OF MOTION NO. 1149 OF 2007 NOTICE OF MOTION NO. 1149 OF 2007 IN S.C. SUIT NO. 2133 OF 1993 Mr. Prabhaker Vishnu Hegiste .. Appellant. (Org.Applicant) V/s. 1. Mr.Madhav Jamnadas & Ors. .. Respondents. (R.No.1-Org.Plaintiff. (R.Nos.2 & 3-Defendants) --- Mr. Sunil R. Rawal for the Appellant. Mr. P.G. Lad for the Respondent No.1. Mr.Prosper D’Souza for the Respondent Nos. 2 & 3. --- CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 02ND DECEMBER,2008. DATED : 02ND DECEMBER,2008. DATED : 02ND DECEMBER,2008. P.C.: P.C.: P.C.: 1. It is true that there is considerable delay in executing the agency agreement and in payment of arrears of rent. However, from the facts and circumstances of the case, it would not be just and proper to dispossess the appellant in a suit to which he is not a party. Prima facie the tenancy is accepted. 2. In the circumstances, the impugned order is set -: 2 :- aside. The appellant shall execute a tenancy agreement within a period of 8 weeks from today. The arrears of rent are quantified at Rs.92,520/- upto 28th April, 2007 and shall be paid within 8 weeks from today. The further arrears shall be paid within eight weeks of being informed by the Court Receiver of the amount payable. In the event of the appellant’s doing so, as directed above, or even earlier at the appellant’s choice, the Court Receiver shall place the appellant in possession as an agent of the Court Receiver. 3. The A.O. is accordingly disposed of. .....