1 WP 5255.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5255 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. P.V.Khekale, Advocate for the petitioner. Mr. A.B.Gaikwad, Advocate for the Respondent. ................................ CORAM : S.V. GANGAPURWALA, J. DATE :19/09/2011 PER COURT : 1. The petitioner is the original defendant. The respondent/original plaintiff had filed Suit for partition and separate possession. The same is pending. During the pendency of the Suit, the plaintiff filed an application seeking direction against the tenant to deposit rent in the Court. The said application is allowed. Aggrieved thereby, the present Writ Petition is filed. 2. Mr. Khekale, the learned counsel for the petitioner submits that the property belongs to the maternal uncle of the petitioner and as such the plaintiffs can not claim any i’ota of right over the said property, interalia no order could 2 WP 5255.2011 be passed against the said tenant to deposit the rent amount in the Court. The petitioner can not be deprived of his legitimate right. According to the learned counsel, the plaintiff has yet to prove his case and without the same, such an order could not have been passed. 3. Mr. Gaikwad, the learned counsel for the respondent supports the order. 4. From the perusal of the order, it is manifest that the Court has not directed the tenant to pay the amount to the plaintiff but has only directed the tenant to deposit the said amount in the Court. Disbursement of the said amount would be in consonance with the Judgment and decree passed by the Court. It is with a view to safe-guard the amount, the order has been passed invoking its jurisdiction U/s 151 of the Code of Civil Procedure. Whether the plaintiff has any right in the said property or not, would be decided by the Court after the parties adduce their evidence. At present, the interest of the parties is only safe- guarded in as much as the amount is directed to be deposited in the Court. No prejudice would be caused to either party if the said amount is directed to be deposited in the Court. 5. In light of the above, I am not inclined to entertain the present petition. The present petition as such is dismissed. No costs. 3 WP 5255.2011 6. Taking into account the nature of dispute, the trial Court shall decide the Suit as expeditiously as possible and preferably within the period of six ( 6 ) months from today. [ S.V. GANGAPURWALA, J.] KNP/WP 5255.2011 4 WP 5255.2011