ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1383 OF 2008 APPLICATION NO.1383 OF 2008 APPLICATION NO.1383 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO.4497 OF 2003 PETITION NO.4497 OF 2003 PETITION NO.4497 OF 2003 Mahesh C.Mathur ...Applicant. (Orig.Petitioner) Vs. Kakad Housing Corporation & Ors. ...Respondents. Mr.P.S. Dani i/by Mr.Sameer R.Bhalekar for the Applicant. Mr.N.K.Mudnaney for Respondent No.1. Mr.Darshan Mehta i/by M/s.Dhruve Liladhar & Co. for Respondent No.2. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 07th October, 2008. : 07th October, 2008. : 07th October, 2008. P.C. P.C. P.C. . This Civil Application is filed for restoration of the Writ Petition, which was dismissed by the Registrar for want of non-prosecuion by order dated 2nd March, 2006. The Petition is pertaining to the Tenant - Landlord relationship and this Court while considering the case, admitted the matter and also granted protection. But because of the dismissal of the Writ Petition, the protection also goes and, therefore, the landlord has filed execution petition. ( 2 ) 2. Considering the averments made in Paragraph Nos. 5,6 and 7 and in the interest of justice, as there is no intentional delay, I am inclined to grant this Civil Application as sufficient case is made out in terms of prayer clauses (a) (b) and (c). However, this is on condition that the Petitioner-Tenant shall deposit an amount of Rs.1,00,000/- (Rupees one lacs only) on account which will be adjusted at appropriate stage after hearing both the parties. The amount will be deposited within a period of three weeks. 3. The liberty is also granted to the Respondents-Landlord to withdraw the amount. 4. The Petitioner-Tenant as agreed,shall deposit here-in-after an amount of Rs.5,000/- (Rupees five thousand only) every month on account of occupation charges without fail. 5. The above orders (clause 2 & 4) to deposit amounts are a condition precedent of allowing this application. 6. In view of this, the execution proceeding is ( 3 ) stayed. 7. Liberty is granted to the Respondents-Landlord to file an appropriate application for use and occupation charges and for mesne profit or such other proceedings. 8. The Civil Application is, accordingly, allowed in above terms. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)