1 caf3667 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3667 OF 2009 IN FIRST APPEAL NO.1364 OF 2007 Ganesh Malayya Kirti ...Applicant vs. Narendra Malayya Kirti ...Respondent Ms Tripti Khanivadekar i/b Mr.R.R.Arolkar for the applicant Mr.Y.K.TIwari i/b Mr.V.B.Tiwari for the respondent CORAM : A.S.OKA,J. DATE : JULY 13, 2011 P.C.: 1 Heard the learned counsel for the applicant and the learned counsel for the respondent. The applicant is the respondent in the Appeal and the respondent herein is the Appellant in the Appeal. The respondent is the original plaintiff and the Appellant is the original defendant. The dispute relates to two business premises. While passing the impugned Judgment and decree, finding recorded by the Trial Court is that both the Applicant and the Respondent are entitled to share in the suit premises. 2 The learned counsel for the applicant submits that both the premises have been let out by the respondent and he is earning income of Rs.6000/- to 7000/- per month in respect of each premise. Therefore, the prayer in this application is for directing the respondent to deposit a sum of Rs.7000/- in this Court in respect of each premise. The second prayer is for direction to the respondent to render true and correct account of 2 caf3667 income/compensation earned by the respondent. 3 The respondent has filed a reply to which copies of the licence agreements have been annexed which show that the respondent is getting a sum of Rs.10,000/- per month as licence fee in respect of both the premises. The learned counsel for the applicant opposed the application by pointing out that certain amounts were paid by the respondent to the applicant towards the share of the applicant and a sum of Rs.55,000/- has been deposited with the Trial Court. The learned counsel for the respondent pointed out the finding recorded by the Trial Court. 4 I have considered the submissions. The suit filed by the respondent has been dismissed. There is no suit or proceedings filed by the applicant either for partition or for possession. The documents of partition relied upon by the respondent have been held to be illegal and void. There appears to be some material on record to show that certain amount has been paid by the respondent to the applicant and a sum of Rs.55,000/- has been deposited by the respondent with the Trial Court. Nevertheless, as of today there is a finding that the suit premises are jointly owned by the applicant and the respondent. The respondent is required to pay outgoings and electricity charges in respect of the suit premises. From the documents on record it appears that the respondent is earning an income of Rs.10,000/- per month. 5 Hence, the respondent will have to be directed to deposit a sum of Rs.4000/- per month with the Trial Court with effect from 1 st February 2009 as the present application has been filed on 29th January 2009. Reasonable time deserves to be granted to deposit the 3 caf3667 arrears. Considering the fact that a sum of Rs.55,000/- has been deposited by the Respondent with the trial Court and certain amount has been received by the applicant, permission cannot be granted to the applicant to withdraw the said amount. As far as prayer (b) is concerned, the respondent will have to maintain account of income received from the suit premises and expenses incurred by him. 6 Hence, application is disposed of by passing the following order : i) The respondent is directed to deposit a sum of Rs. 4000/- per month with the trial Court with effect from 1st February 2009 till the final disposal of the Appeal. ii)Time of four months is granted to deposit arrears up to 31 st July 2011. The amount payable from August 2011 shall be deposited with the Trial Court regularly and punctually before 15th day of every calendar month. iii)As and when amounts are deposited, the same shall be invested in fixed deposit with any nationalised bank till the final disposal of the Appeal. iv)The order regarding withdrawal/disbursement of the amounts together with interest accrued thereon will be passed by the Trial Court at the time of final hearing of the suit. v) The respondent shall maintain accounts in terms of prayer clause (b). vi)At the end of every financial year starting from 2010-2011, a statement of accounts shall be filed by the respondent in a sealed envelope which shall be in the custody of the Registrar (Judicial-I). vii)Application is disposed of on above terms. 4 caf3667 viii)Trial Court to act upon an authenticated copy of this order. JUDGE