1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5124 OF 2009 ALONGWITH WRIT PETITION NOS. 5158, 5159, 5160, 5161, 5162, 5163, 5164, 5165, 5269, 5279 AND WRIT PETITION NO.5492 OF 2009. D.V. Kudekar & ors. ....Petitioners vs Ramkalidevi wd/o Sitaram Kushwaha. ....Respondent Mr. R.V. Govilkar for the Petitioners. Mr. Rajesh Datar for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 3RD FEBRUARY, 2010. P.C. :- 1. Rule. By consent, Rule is made returnable forthwith and heard finally. 2. The Petitioners had challenged the order of the Small Causes Court dismissing their Review Applications and the order of the Small 2 Causes Court in the Interim Notice taken out by the Respondents. There is no dispute that the arrears of rent to be deposited have been calculated on the basis of rack rent. At the interlocutory stage, the ends of justice would be met by requiring the Petitioners to deposit the monthly rent and permitted increases and the arrears thereof. 3. The parties shall appear before the Small Causes Court to have the amount recomputed in accordance with the above directions. The same shall be deposited within three weeks of the Small Causes Court determining the same. The parties shall appear for this purpose before the Trial Court at 11.00 a.m. on Monday 15th February, 2010 and thereafter, as directed by the Trial Court. It is further agreed between the parties that the monthly rent and the permitted increases shall be directed to be deposited even for the period after 1994 and till the final decision in the main proceeding. 4. For the purpose of these Writ Petitions, the objections which were raised before the Trial Court have not been pressed. It is open to the parties to urge the same in the proceedings before the Small Causes Court. Needless to add that all the contentions of the parties are kept open. 3 5. All the above Writ Petitions are disposed of in accordance with the above directions.