FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.53/2010 IN FIRST APPEALNO.1204/2009 Chandrakant Odhavji Takkar ..vs.. Smt. Vai =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri O.D. Kakde, advocate for the appellant C ORAM : SMT. VASANTI A NAIK,J. DATED : 5 th April, 2010. It is brought to the notice of this court by the learned counsel for the respondent, that though the matter was fixed for 14.12.2009, on 7.12.2009 as the learned counsel for the respondent was out of Nagpur on 11.12.2009, the matter was wrongly listed on 11.12.2009 before this court. In such circumstances, according to the learned counsel for the respondent, the counsel for respondent could not remain present before the court, though the respondent was served. I have perused the judgment passed by the learned trial and the appellate court. The order dated 11.12.2009 is modified to the extent that the appellant deposits the occupation charges @ Rs.1000/- per month from December 2009, every month, during the pendency of the appeal. The respondent is directed to pay the arrears of occupation charges from the month of December, 2009 till April 2010 within a period of 10 days. The appellant should regularly deposit the amount of Rs.1000/- in this court on or before the 5 th of every month. Interim stay is granted subject to the aforesaid conditions. Payment of Rs.1000/- by the appellant towards the occupation charges, would however not prejudice the case of the respondent that the respondent is entitled to higher amount towards occupation charges. Civil application no.53/2010 is allowed in the aforesaid terms and disposed of. JUDGE SMP