1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3970 OF 2008. (ASHISH DEODAS JAISWAL Vs G.TURUMALU RAO G. RAMRAO) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri S.J.Khandalkar, Advocate for Petitioner. Shri V.L.Jaiswal, Advocate for Respondent. CORAM : B.P.DHARMADHIKARI, J. DATED : OCTOBER 10, 2008. 1. Considering the nature of controversy the petition is heard finally. 2. Advocate Shri Khandalkar states that during pendency of the petition further amount of Rs.25,000/- has been deposited on 30th September, 2008 and only balance left is Rs.16,000/-. 3. Advocate Shri Jaiswal for respondent sole states that arrears of rent on account of occupation charges as also costs of the suit are yet not deposited. He invites attention to the order 2 dated 12.08.2008 passed by the District Judge-6 in Regular Civil Suit No.333/2008 for that purpose. 4. During hearing it is transpired that the suit by the landlord is of the year 2005 and the appeal has been preferred only in 2008. In these circumstances, as the petitioner has made a statement that he will deposit balance amount of Rs.16,000/- in terms of the order passed below Exh.20 on 12.08.2008 in the said appeal, as also the arrears on account of occupation charges from the date of filing of the suit till August, 2008 and costs of the suit, if not already paid within four weeks from today, I permit the petitioner to deposit all these amounts by 17th November, 2008. If these amounts are so deposited order of the lower appellate Court protecting his possession shall continue in force during pendency of Regular Civil Appeal No.333/2008. 5. The petitioner/ appellant shall file private paper book in Regular Civil Appeal No.333/2008 by 15th December, 2008 and District Judge-6 shall proceed to decide the case as early as possible and in any case by 30th September, 2009. 3 6. During pendency of the said appeal the petitioner shall continue to deposit the occupation charges every month by 10th day in advance so as to avail protection of stay order granted by that Court. 7. Rule accordingly. No costs. JUDGE RR.