1 11-cas-603-2010-group.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO. 603 OF 2010 IN CIVIL REVISION APPLICATION NO. 137 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Babu Vira Bhamaniya Shed No.15, Census No.7 5/17, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Respondent (Applicant of CRA/Defendant) WITH CIVIL APPLICATION NO. 604 OF 2010 IN CIVIL REVISION APPLICATION NO. 138 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Ratan L. Bariya Shed No.28, Census No. 5 8/10, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Respondent (Applicant of CRA/Defendant) 2 11-cas-603-2010-group.sxw WITH CIVIL APPLICATION NO. 605 OF 2010 IN CIVIL REVISION APPLICATION NO. 139 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Sonu N. Jadhav (L.H. & Rep. of deceased Nanu Narayan Jadhav) Shed No.19, Census No.7 2/17, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA/ Defendant) WITH CIVIL APPLICATION NO. 606 OF 2010 IN CIVIL REVISION APPLICATION NO. 140 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Gangwa Shed No.37, Census No.6 3/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondents(Applicant of CRA./Defendant) 3 11-cas-603-2010-group.sxw WITH CIVIL APPLICATION NO. 607 OF 2010 IN CIVIL REVISION APPLICATION NO.141 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Bijal S.Wagela Shed No.25, Census No.5-5/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 608 OF 2010 IN CIVIL REVISION APPLICATION NO.142 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Maria Mascarenhas (L.H. of deceased Edwin Mascarenhas) Shed No.10, Census No.7-10/17, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) 4 11-cas-603-2010-group.sxw WITH CIVIL APPLICATION NO. 609 OF 2010 IN CIVIL REVISION APPLICATION NO.143 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. 1 Mrs. Kuwar B. Jadhav 2 Kisan B. Jadhav 3 Yogesh B.Jadhav 4 Sangeeta B. Jadhav 5 Usha B. Jadhav 6 Vasant Govind 7 Shantu Bharat (L. H. & Rep. of deceased Bhima Jhoda Jadhav) Shed No.39, Census No.6 5/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondents (Applicants of CRA./Defendants) WITH CIVIL APPLICATION NO. 610 OF 2010 IN CIVIL REVISION APPLICATION NO.144 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. 5 11-cas-603-2010-group.sxw 1 Kuwar B. Jadhav 2 Kisan B. Jadhav 3 Yogesh B. Jadhav 4 Sangeeta B. Jadhav 5 Usha B. Jadhav 6 Vasanti Govind (L. H. & Rep. of deceased Lakhu Narayan Jadhav) Shed No.21, Census No.5 -1/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondents (Applicants of CRA./Defendants) WITH CIVIL APPLICATION NO. 611 OF 2010 IN CIVIL REVISION APPLICATION NO.145 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Hira Singh Shed No.27, Census No. 5-7/10, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 612 OF 2010 IN CIVIL REVISION APPLICATION NO.146 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), 6 11-cas-603-2010-group.sxw Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. 1 Laxmi V. Bhamaniya 2 Mhongi R. Bhamaniya 3 Pravina B. Bhamaniya (L.H. & Rep. of deceased Vira Giga Bhamaniya) Shed No.54, Census No. 6 19/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondents (Applicants of CRA./Defendants) WITH CIVIL APPLICATION NO. 613 OF 2010 IN CIVIL REVISION APPLICATION NO.147 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Bhagwant J. Makwana (L.H. & Rep. of deceased Laxmi Jiva Makwana) Shed No.24, Census No. 5 4/10, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 614 OF 2010 IN CIVIL REVISION APPLICATION NO.148 OF 2008 7 11-cas-603-2010-group.sxw 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. 1 Rukmini V. Tambe 2 Rajesh V. Tambe 3 Rakesh V. Tambe 4 Kalpana Vijay 5 Geeta V. Tambe (L.H. & Rep. of deceased Vasant Sonu Tambe) Shed No.31, Census No. 4 2/2, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondents (Applicants of CRA./Defendants) WITH CIVIL APPLICATION NO. 615 OF 2010 IN CIVIL REVISION APPLICATION NO. 149 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Ms. Kamal Mohite (L.H. & Rep. of deceased Mrs. Gangaben Mohite) Shed No.30, Census No. 5 10/10, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) 8 11-cas-603-2010-group.sxw WITH CIVIL APPLICATION NO. 616 OF 2010 IN CIVIL REVISION APPLICATION NO.150 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Jayanti A. Makwana L.H. & Rep. of deceased Jamna Arjun Makwana) Shed No.12, Census No. 7 8/17, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 617 OF 2010 IN CIVIL REVISION APPLICATION NO.152 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. 1 Sonu N. Jadhav 2 Smita N. Jadhav 3 Akshay N. Jadhav (L.H. & Rep. of deceased Lakhu Narayan Jadhav) Shed No.23, Census No. 5 3/10, Rajaram Wadi, Plot No.2, 9 11-cas-603-2010-group.sxw Waroda Road, Bandra (W), Bombay 400 050. .. Respondents (Applicants of CRA./Defendants) WITH CIVIL APPLICATION NO. 618 OF 2010 IN CIVIL REVISION APPLICATION NO.153 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Meena G. Jadhav (L.H. & Rep. of deceased Lakhu Narayan Jadhav) Shed No.22, Census No. 5 2/10, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 619 OF 2010 IN CIVIL REVISION APPLICATION NO.154 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) 10 11-cas-603-2010-group.sxw V/s. Sarju Lakdawala Shed No.49, Census No. Nil, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL AAPPLICATION NO. 620 OF 2010 IN CIVIL REVISION APPLICATION NO.155 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Hamir C. Bhamaniya Shed No.17, Census No. Nil, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 621 OF 2010 IN CIVIL REVISION APPLICATION NO.156 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. 11 11-cas-603-2010-group.sxw Mrs. Dulari B. Kewat Shed No.53, Census No. 6-18/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 622 OF 2010 IN CIVIL REVISION APPLICATION NO.157 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Bhana Wagela Shed No.8, Census No.7 11/17, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 623 OF 2010 IN CIVIL REVISION APPLICATION NO.158 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. 12 11-cas-603-2010-group.sxw 1 Daiben D. Solanki 2 Vivek D. Solanki 3 Bhanu D. Solanki 4 Nanbai D. Solanki (L.H. & Rep. of deceased Devat Kana Solanki) Shed No.46, Census No. 6 13/17, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondents (Applicants of CRA./Defendants) WITH CIVIL APPLICATION NO. 624 OF 2010 IN CIVIL REVISION APPLICATION NO.159 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Jeevi H. Wagela (L.H. & Rep. of deceased Kadviben Bhika Wagela) Shed No.26, Census No. 5 6/10, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 625 OF 2010 IN CIVIL REVISION APPLICATION NO.161 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki 13 11-cas-603-2010-group.sxw Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Mahadev Shivnath Shed No.4, Census No. 6 10/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 626 OF 2010 IN CIVIL REVISION APPLICATION NO.162 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. 1 Mrs. Mona J. Lodh 2 Mahesh J. Lodh 3 Ramesh J. Lodh 4 Asha J. Lodh 5 Sandeep J. Lodh (L.H. & Rep. of deceased Jagdev Lodh) Shed No.45, Census No. 6 12/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondents (Applicants of CRA./Defendants) 14 11-cas-603-2010-group.sxw WITH CIVIL APPLICATION NO. 627 OF 2010 IN CIVIL REVISION APPLICATION NO. 163 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. 1 Sahehdub R. Burma 2 Devtadeen R. Burma 3 Tulsi R. Burma (L.H. & Rep. of deceased Ramlal Burma) Shed No.47, Census No. 6 14/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondents (Applicants of CRA./Defendants) WITH CIVIL APPLICATION NO. 628 OF 2010 IN CIVIL REVISION APPLICATION NO.164 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Karuna Shankar Shed No.50, Census No. 6- 15/20, 15 11-cas-603-2010-group.sxw Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) WITH CIVIL APPLICATION NO. 629 OF 2010 IN CIVIL REVISION APPLICATION NO.165 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Chintaman L. Jadhav Shed No.41, Census No.6 – 7/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./ Defendant) WITH CIVIL APPLICATION NO. 630 OF 2010 IN CIVIL REVISION APPLICATION NO.166 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Babulal Ramdulari Shed No.3, Census No. 7 16/17, Rajaram Wadi, Plot No.2, 16 11-cas-603-2010-group.sxw Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./ Defendant ) WITH CIVIL APPLICATION NO. 631 OF 2010 IN CIVIL REVISION APPLICATION NO.167 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Kaledeen D. Huba Shed No.40, Census No.6 – 6/20, Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./ Defendant ) WITH CIVIL APPLICATION NO. 632 OF 2010 IN CIVIL REVISION APPLICATION NO.168 OF 2008 1 Lekhraj M. Solanki 2 Jasoda Lekhraj Solanki Rajaram Wadi, Plot No.2, Waroda Road, Bandra (W), Bombay – 400 050 .. Applicants (Respondents in CRA/Org. Plaintiffs) V/s. Ram Bhankar Shed No.11, Census No. 7 – 9/17, Rajaram Wadi, Plot No.2, 17 11-cas-603-2010-group.sxw Waroda Road, Bandra (W), Bombay 400 050. .. Respondent (Applicant of CRA./Defendant) Mr. R. S. Apte, Sr. Counsel along with Mr. M. S. Lagu i/b. Mr. J. G. Damani, for the Applicants. Mr. V. G. Mehta along with Mr. Omar Khaiyam i/b. Mr. Omar K. Shaikh, for the Respondent/s. .... CORAM : G.S.GODBOLE, J. DATE : 5th SEPTEMBER, 2011. JUDGMENT:- 1 Heard the learned Advocates for the parties. 2 All these Civil Applications are identical. The controversy involved in all these Civil Application and the Civil Revision Applications is same. The learned Advocates appearing for the parties are same and common questions of law and facts are involved. Even earlier, all these Civil Application were clubbed together for hearing. Hence, by consent of the learned Advocates for the parties, all these Civil Applications are disposed off by common Judgment. 3 Hence, only facts in Civil Applications No.603 of 2010 in Civil Revision Application No.137 of 2008 which is treated as the lead Civil 18 11-cas-603-2010-group.sxw Applications are being narrated. 4 By these Civil Applications, the Applicants who are original Plaintiffs/ landlords in suit filed under the provisions of Bombay Rent Act, 1947 for eviction in respect of the open land have prayed for following reliefs:- (a) A date is to be fixed for final hearing of this Civil Revision Application along with other connected 47 Civil Revision Application i.e. Civil Revision Applications No.31 of 2008 to 46 of 2008 and CRA No.137 of 2008 to 168 of 2008 in respect of suit plot of land which was given to various Respondents/Defendants on tenancy basis and against whom decree has already been passed by the competent Court of law. (b) The present Respondents/ Defendants is to be restrained by order of injunction from parting with the possession of their super- structure or any part thereof in any manner whatsoever and will not carry out any work of additions and alterations of permanent nature of their super-structure standing on the suit land, without the leave of court. (c) The present Respondents/Defendants to deposit in court @ Rs. 8000/- per month w.e.f. 18/07/2005 i.e. from the date of decree till date and continue to deposit the said amount per month in court as compensation payable to present Applicants/ Original Plaintiffs/decree holder on or before 15th of each month till disposal of the Civil Revision Applications and till realization of possession i.e. present Respondents/ Defendants hand over possession of the land to the present Applicants/ Original Plaintiffs. (d) In the event of any default by the present Respondents / Defendants to pay the amount as directed then stay be vacated and the present Applicants/Original Plaintiffs/ decree holder shall be given liberty to execute the decree forthwith and to recover the possession from the present 19 11-cas-603-2010-group.sxw Respondents/Defendants without any reference to the Hon'ble Court. 5 The landlords had filed suits for eviction in respect of open land against the various Defendants on various grounds under the Bombay Rent Act, 1947. By Judgment and Order dated 15th July, 2005 and 16th July, 2005, all the suits were decided and the decree for eviction was passed. The Defendants who were shown as tenants, filed Appeals in the Small Causes Court. During pendency of the Appeals, the execution of the decree was stayed by the Appellate Bench by order dated 6th May, 2006. This order was challenged by filing Writ Petition Nos.5200 of 2006 and 5274 of 2006, which were disposed off by common Judgment dated 25th January, 2007 and the Appeals were directed to be heard expeditiously. Thereafter, the Appeals were decided on 13th September, 2007. All the Appeals were dismissed and by operative clause (c), the decree of injunction has been granted against all the Appellants in the Small Causes Court/ Defendants in the suits who are Applicants in the Civil Revision Applications. 6 Aggrieved by the said orders, these Civil Revision Applications and certain other Civil Revision Applications were filed which were contested at the stage of admission and by order dated 6th July, 2009, all the Civil Revision Applications have been admitted, hearing is expedited and interim relief is granted in terms of prayer clause (c), thereby staying the 20 11-cas-603-2010-group.sxw execution of the decree for possession. 7 Thereafter, the Applicants/Original Plaintiffs have filed these Civil Applications and had also filed several other Civil Applications. The Applications were filed essentially for imposing condition regarding payment of compensation for grant of stay on all the Defendants. By Judgment and Order dated 20th December, 2010, a learned Single Judge (Justice A.S. Oka) had decided and allowed the said Civil Applications bearing Civil Application No.475 of 2010 in Civil Revision Application No. 31 of 2008 and all other connected Civil Applications including the Civil Applications being disposed off by this Order. At that time, this Court had proceeded on the basis that Shri Mohan Kumar, Advocate was appearing for all the Defendants/Applicants in the Civil Revision Applications and on that basis, all the Civil Applications were allowed. The following order was passed :- (i) The Applicants in the revision applications shall pay compensation at the rate of Rs.5/- per sq.ft. per month which shall be inclusive of agreed rent and permitted increases from the date of decree passed by the trial Court till the disposal of the revision applications. (ii) The arrears payable up to 31st December, 2010 shall be deposited with the trial Court on or before 31st March, 2011. (iii) The revision applicants shall keep on depositing the compensation at the rate of Rs.5/- per sq. ft. per month from January 2011 onwards with the trial Court on or 21 11-cas-603-2010-group.sxw before 10th day of every calendar month. (iv) In the event the revision applicants commit any default, the original Plaintiffs will be entitled to apply to this Court for vacating the interim relief. 8 Thereafter, the Respondents in the present Civil Applications filed various Civil Applications for recalling the order dated 20th December, 2010 on the ground that Advocate Mohan Kumar was not representing them, but Advocate Omar Khayam Shaikh was representing them. After verifying the record when it was clear that the Respondents herein were, in fact, not represented by Advocate Mohan Kumar but were represented by Advocate Omar Shaikh, the said applications were allowed and following order was passed:- (i) Heard learned Counsel appearing for the parties. (ii) On 20th December, 2010, several civil applications were decided by this Court by a common order. The said civil applications were taken out by Respondent Nos.1 and 2 in the revision applications. While disposing of the revision applications, this Court heard Shri Mohan Kumar appearing for the revision applicants in some of the revision applications. By these applications, it is pointed out that in certain civil application which were decided by an order dated 20th December, 2010, Shri Mohan Kumar was not representing the revision applicants and in fact, Shri Omar Khaiyam Shaikh was representing the revision applicants. It is contended that this Court proceeded on the erroneous assumption that all the revision applicants were represented by Shri Mohan Kumar, Advocate. (iii) Report of the Registry was called for. The report dated 15th February, 2011 of the Registry records that the applicants in these applications were being represented by Shri Omar Kahiyam Shaikh, Advocate in the revision 22 11-cas-603-2010-group.sxw applications. Thus, it appears that Shri Mohan Kumar did not represent the applicants in these applications. Therefore, the order dated 20th December, 2010 which is a common order passed in several civil applications will have to be recalled only in respect of those applications wherein Shri Omar Khaiyam Shaikh was representing the revision applicants. (iv) Accordingly, the present civil applications are allowed in terms of prayer clause (a). (v) The restored civil applications shall be placed before the appropriate Court. 9 In these circumstances, these Civil Applications are now placed for hearing. 10 Affidavit In Reply has been filed by Shri Babu V. Bamania, Respondent in Civil Applications No.603 of 2010, which states that the same should be treated as common Affidavit In Reply in all the Civil Applications. 11 The learned Senior Advocate for Applicants has advanced the following submissions:- (i) Since the decree for eviction has been passed, following the ratio laid down by the Supreme Court in the case of Atmaram Properties and in the case of State of Maharashtra v/s. Super Max and since the decree for eviction has been stayed, the Defendants must to put to condition of deposit 23 11-cas-603-2010-group.sxw of market rent. (ii) The learned Advocate submits that considering the location of the suit premises in Bandra (West) which is an important and affluent suburb of Mumbai and considering the fact that the premises are situated near Mehboob Studio and Lilawati Hospital etc., the fair market rent should be fixed at the rate of Rs.80 per sq. feet per month. (iii) He also prays for an injunction and a request is also made to fix the date of final hearing for deciding all Civil Revision Applications. 12 The learned Counsel appearing for the Respondents canvassed the following submissions:- (i) there is no relationship of landlord-tenant between Applicants and Respondents. The Conveyance executed in favour of the Applicants nowhere indicates the names of Respondents and hence there is no relationship of landlord and tenants. Hence, Small Causes Court did not have jurisdiction and hence, the order for deposit of market rent cannot be passed. (ii) The Plaintiffs claimed mesne profits @ only Rs.10.00 per sq.ft. and hence, the Plaintiffs are estopped from claiming any additional amount as 24 11-cas-603-2010-group.sxw interim market rent. (iii) Since the entire area has been declared as slum area under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, by notification dated 16th July, 2009 published in Official Gazette on 29th July, 2009; the decrees are not capable of execution unless and until the sanction of the competent authority under Section 22 of the said Act is obtained. Further, even the power to fix the fair rent in such case vests exclusively with the Competent Authority under the said Act and hence, this Court does not have jurisdiction to even fix the interim market rent as a condition for grant of stay. (iv) Relying on the letter written by the Assistant Assessor & Collector, 'H' Ward of Municipal Corporation of Greater Mumbai addressed to Mr. Kishan Jadhav of 10th December, 2010, it is submitted that the rateable value is Rs.315/- and the monthly rent is Rs.30/-. It is further submitted that considering the said rateable value, it would be inequitable to fix any amount more than