1 ca44-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.44 OF 2010 IN FIRST APPEAL NO.94 OF 2010 (Kasturi Vs.Ramesh) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.M.C.Hegde, for applicants. CORAM : R.G.KETKAR,J. DATE : 13 th AUGUST, 2010 P.C. Heard Mr.Hegde, learned counsel for the applicants. 2] This application is preferred by the original plaintiff. The suit was instituted for recovery of possession of the suit premises and running business of Pan-Beedi shop. 3] Mr.Hegde submitted that the respondent herein original defendant instituted R.A.D. Suit No.5364 of 1983 which was dismissed by the learned trial Judge on 25 th November, 1998. The respondent carried the matter in appeal which was also dismissed. The suit instituted by the plaintiff was dismissed only on the ground that the same is barred by the Law of Limitation. Mr.Hegde further submitted that during the pendency of suit the applicant herein take out Notice of Motion No.1466 of 2003. Upon hearing both the sides, learned trial Judge made absolute the Notice of Motion in terms of prayer clause (b) and 2 ca44-10.sxw further directed the respondent herein to pay compensation of Rs.300/- per month on or before 10 th of every month. The respondent defendant was further directed to pay the arrears on or before 31 st March, 2004. 4] Though the respondent is duly served, nobody appears for him and no reply is filed on record. After hearing learned counsel for the applicant and considering the order dated 7 th January, 2004 passed by the learned Judge of the City Civil Court in Notice of Motion No.1466 of 2003, there shall be interim order in terms of prayer clause clause (a). 5] In so far as the prayer (b) is concerned, the respondent is directed to deposit in this court the compensation at the rate of Rs.300/- per month on or before 10 th of every month. The respondent shall also clear the arrears from September, 2009 within a period of two months from today. 6] Civil Application is allowed in the aforesaid terms with no orders as to the costs. After deposit of the amount, the applicant is at liberty to take out fresh application for withdrawal of the amount. [R.G.KETKAR, J.]