1 wp2926.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2926 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. P.V. Khekale, Advocate for the petitioners. Mr. U.N. Shete, Advocate for respondent. CORAM : B.P. DHARMADHIKARI, J. DATE : 25th APRIL, 2011 Heard Advocates Mr. Khekale for petitioners- defendants and Mr. Shete for respondent-plaintiff. 2. Advocate Mr. Khekale states that property in relation to which direction has been issued was not ancestral property and without determining its nature, direction to recover rent from the tenant of that property has been issued to the present petitioner. He invites attention to application for modification as filed before the trial Court at Exhibit-30 to urge that property was returned to petitioners only in the month of January, 2011. He further states that because of litigation and other problems, it is not possible for petitioners to collect the 2 wp2926.11 rent and this controversy is not gone into by the trial Court. 3. Advocate Mr. Shete states that the trial Court after due application of mind has passed the order earlier on 14.01.2011 and directed the petitioner no.1 to deposit the rent of the shops in house no. 199 in the Court. The amount so deposited is not permitted to be withdrawn by plaintiff. He further states that the modification as sought is rejected. There is no jurisdictional error or perversity. According to him, if the petitioner is not collecting the rent, the present respondent can seek appropriate orders from the trial Court. 4. I do not find it proper to resolve the controversy in the matter. In view of the inability pressed by the petitioner, the respondent is at liberty to move appropriate application to trial Court seeking directions to collect the rent and depositing the same in the Court. 5. With these directions, the Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp2926.11