spb/- 1 cac129-11f.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 129 OF 2011 IN CIVIL REVISION APPLICATION NO. 407 OF 2009 Uttamrao Kashinath Deshmukh ... Applicant. V/s. Vimalabai Mukundrao Shirsikar & Anr. ... Respondents. ----- Mr. Sukand R. Kulkarni for the Applicant. Mr. A.M. Kulkarni for the Respondents. ----- CORAM : G.S. GODBOLE, J. DATE : 06TH SEPTEMBER, 2011. P.C. : 1 This is an Application for extension of time to deposit the rent in the Trial Court. Initially time for compliance of depositing the amount of rent was fixed as directed by the order dated 20.10.2010 passed by the learned single Judge at the time of admitting the Civil Revision Application. The Applicant had filed an Application in the Trial Court on 20.01.2011 showing his willingness to deposit the entire amount duly supported by an Affidavit. The report of the Bailiff dated 20.01.2010 shows that according to the Bailiff, he had given oral intimation to the Advocate for the Applicant. However, the order passed by the learned spb/- 2 cac129-11f.sxw Judge of the Trial Court on the said report reads as under : “Concerned clerk is hereby directed to give the intimation to the parties or their lawyer’s in written.” No such written intimation has been placed on record. Even otherwise once the Civil Revision Application is admitted and time is fixed for compliance, power under section 148 of the Code can always be exercised in a fit case. 2 Mr. Kulkarni opposes this Civil Application on the basis of the Affidavit-In-Reply and also relies on the interim order dated 02.02.2009 passed in C.A. No. 2730 of 2008 in W.P. No. 3237 of 2001 in some other case. Such an interim order cannot operate as a precedent. Apart from this, whatever the exact facts of that case are also not clear. 3 In view of this, a case for extension of time is made out. the Civil Application is allowed in terms of prayer clause (b). Time earlier granted is extended till 9th November, 2011 in view of the fact that transcription of this order and sending of writ of this order to the Trial Court will take more time. [G.S.GODBOLE, J.]