1 CA9171/11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 9171 of 2011 (Roopchand Baj & Anr. v. Vishwanath Vyawahare-died-LRs & Ors.) in Second Appeal No. 665 of 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.F. Patni, Advocate for the applicants Mr. S.S. Rathi, Advocate for respondents PER COURT : 1. By this application, the respondents / tenants are seeking leave of the Court to deposit rent in this Court. The appellants are the landlord, who had filed this suit for recovery of arrears of rent for the period between 2001 to 2004. The said suit was filed sometime in 2005, but the suit came to be dismissed. This was a suit simplicitor for recovery of amount of arrears of rent. This suit was not filed for eviction of the respondents / tenants. During pendency of the appeal, it seems that the respondents / tenants were trying to offer and pay the rent and it is their case that the appellants / landlord are trying to avoid acceptance of the rent. 2 CA9171/11 In view of this, there appears some tussle between the parties, but I am not inclined to discuss this issue between the parties, because it is certainly beyond the scope of this appeal. The application is moved under Order XV-A of the Code of Civil Procedure, as amended by the Bombay High Court. However, on perusal of the provision, it is clear that this provision is useful only if the tenant is facing the suit for eviction. Besides, the appellants / tenants opposed the application as not maintainable etc. The application is certainly beyond the scope of the appeal and is not following the parameters of Order XV-A of the Code of Civil Procedure. Application therefore stands rejected. 20th Sept. 2011 ( A.V.NIRGUDE, J. ) SRM/