IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO.5292/ 2008 Pandurang V. Kawade ..vs.. Smt. Sulochana Sagale & others WITH WRIT PETITION NO.5291/2008 Dattu Tukara More ..vs.. Sulochana Sagale & ors. ==================================================== CORAM: S.R. DONGAONKAR, J. DATE: 26.2.2009 Heard Shri Joshi, Advocate for the petitioner and Shri Chandurkar, Advocate for respondents. The petitioner is challenging the order passed by the District Judge -2 in R.C.A.168/2007 filed by the respondent – tenant, said appeal is against the judgment and decree of the eviction so also for arrears of rent. Learned counsel for the petitioner has submitted that the direction to pay Rs.8000/- within a period of 2 months from the date of the impugned order is incorrect, inasmuch as there was no rent due . There is dispute about quantum of rent. It is contended that it is Rs.300/- per month. The matter needs to be assessed by the learned Appellate Judge i.e. District Judge -2 Akola. This court considering the validity of the order. Petitioner contends that the impugned order is onerous. On careful consideration of the matter, as the appeal of the petitioner is likely to be heard by District Judge -2 Akola in near future, in my opinion, interim order with onerous condition need not be enforced. In these circumstances, the petitioner/ appellant can be directed to furnish surety of Rs.20000/- to the satisfaction of the District Judge no.2, Akola. The petitioner is further directed to continue to deposit Rs.100/- per month from the date of decree i.e. 29.9.2007. Arrears may be paid within such period as the District Judge 2 Akola would direct considering the possible required time, for final disposal of the appeal. The impugned order is therefore quashed and set aside. The same shall be in above terms and further this order shall be subject to the final orders in the appeal preferred by the petitioner. Respondent shall be at liberty to withdraw the amount deposited by the petitioner in the appellate court on such terms as appellate court may consider fit. The appellate court while deciding the appeal preferred by the petitioner shall not be influenced by any of the observations made above. Petition stands disposed of. JUDGE smp.