IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2446 OF 2008 CIVIL APPLICATION NO. 2446 OF 2008 CIVIL APPLICATION NO. 2446 OF 2008 IN IN IN FIRST APPEAL NO. 958 OF 2008 FIRST APPEAL NO. 958 OF 2008 FIRST APPEAL NO. 958 OF 2008 Anil Harishchandra Nalawade ... Applicant (Orig.Defendant) Versus Sau. Archana Ashok Vichare & Ors. Respondents Mr. Sanjeev A.Sawant, Advocate, for the applicant. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 28th July, 2008. DATE: 28th July, 2008. DATE: 28th July, 2008. P.C. P.C. P.C. 1. Inspite of service of notice, none present for the respondents. 2. Heard the learned Counsel for the applicant, who is the original defendant No.1. The plaintiff/respondent No.1 had filed Special Civil Suit No.62 of 2004 for partition and separate possession of the property. The suit has been decreed to the extent of 1/3rd share. Present applicant, who is original defendant No.1, and respondent No.2, who is the original defendant No.2 who are also found to be entitled to 1/3rd share each in the suit property. The present applicant is admittedly collecting rent from the tenants who are the remaining respondents. The First Appeal is admitted. 3. Therefore, in the interest of justice, interim relief in terms of prayer clause (a) subject TO THE condition that the appellant/applicant shall deposit 2/3rd of the total rent amount recovered from the tenants with the trial Court. He shall also give details of the rent recovered from each of the tenants before the trial Court. The amount of rent so deposited shall be invested with some Nationalised bank for appropriate period and the same shall be subject to the result of the Appeal. Application stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)