-1- 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 FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.3276 OF 2008 APPLICATION NO.3276 OF 2008 APPLICATION NO.3276 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.1298 OF 2008 APPEAL NO.1298 OF 2008 APPEAL NO.1298 OF 2008 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr. J.J. Xavier i/by Mr. R.A. Malandkar for Applicant Mr. V.S. Lonkar for Respodent CORAM: CORAM: CORAM: K.K. TATED, J. K.K. TATED, J. K.K. TATED, J. DATE DATE DATE : 22ND OCTOBER, 2008. : 22ND OCTOBER, 2008. : 22ND OCTOBER, 2008. P.C.: P.C.: P.C.: 1. The present Civil Application filed by the Applicant-original defendant for stay of the Judgment and Decree dated 05.02.2008 passed by City Civil Court in Suit No.5858 of 1998. The Trial Court decreed both the suits preferred by Respondent and held that the notice dated 23rd June, 1998 is illegal and bad in law. The Trial Court also directed Applicant-original defendant to pay the compensation in both suits of Rs.40,000/- for reconstruction of suit premises within a period of three months from date of order, in default, to pay interest @6% per annum. -2- 2. The appeal is already admitted on 12th August, 2008. In the present Civil Application, status quo order was passed since 19th June, 2008. Considering the Civil Application, the same is allowed in terms of prayer clause (a) on a condition that Applicant to deposit a sum of Rs.25,000/- in High Court. If the amount is deposited in this Hon’ble Court, the same to be invested initially for a period of 1 year. Respondent original-plaintiff are granted liberty to take appropriate steps to withdraw the said amount. If the Application is not preferred within 12 weeks from today, the amount deposited by the Applicant to be invested in any nationalized bank initially for a period of one year and the same to be continued till the hearing and final disposal of the present Appeal. 4. On the above mentioned terms and conditions, the Civil Application is allowed in terms of prayer clause (a). The Civil Application is disposed of. -3- (K.K. (K.K. (K.K. Tated, J) Tated, J) Tated, J)