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2023 DAILYLAW 3044 (BOM)

MANMOHAN S/O GOPILAL SAWAL AND ANOTHER v. SMT. KAMLABAI WD/O SHAMRAO LAKHE, DECEASED THR. LRS. AND OTHERS

CAW/951/2026 · 2026-09-02

Public Interest Litigationbody2023

Judgment text

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1 10-WP-3816-23.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO.3816 OF 2023 MANMOHAN S/O GOPILAL SAWAL AND ANOTHER VS SMT. KAMLABAI WD/O SHAMRAO LAKHE, DECEASED THR. LRS. AND OTHERS - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J. M. Gandhi, Advocate for petitioner.. Shri R. I. Agrawal, Advocate for respondent Nos.2(a to c) and 3. CORAM : NANDESH S. DESHPANDE, J. DATED : 2nd September, 2026 Civil Application (CAW) No.1802/2026 This is an application seeking permission to deposit rent amount. 2. As has been stated in the application that vide order dated 10/12/2025 while granting stay to the execution of the impugned decree for eviction, this Court directed the petitioner to deposit rent at the rate of Rs.10,000/- per month. It is contended in the application that even though cheque was deposited, unfortunately it has been dishonoured. 3. Shri J. M. Gandhi, learned counsel, on instructions, seeks permission to deposit an amount of Rs.60,000/- by way of Demand Draft. 4. Learned counsel for respondent Nos.2 and 3 has no objection. 5. In view of that, the petitioners are permitted to deposit Demand Draft of Rs.60,000/- towards the rent for the period January 2026 to July 2026. It is directed that 2 10-WP-3816-23.odt further rent shall be continued to be deposited in pursuance of interim order dated 10/12/2025. 6. Civil Application is allowed and disposed of. Civil Application (CAW) No.950/2026 7. The present application is for seeking permission to withdraw the amount deposited by the petitioners herein. 8. Parties are ad-idem that an amount of Rs.5,10,000/- (Rupees Five Lakh Ten Thousand) has been deposited including the amount of Rs.60,000/- (which is deposited by Demand Draft today). 9. Learned counsel Shri J. M. Gandhi has no objection if permission is granted to respondent No.3 to withdraw the same. 10. In that view of the matter, Civil Application is allowed and disposed of. Civil Application (CAW) No.951/2026 11. The applicants in the present application, on instructions, do not intend to press the application. 12. Civil Application is disposed of as not pressed. Civil Application (CAW) No.949/2026 13. This is an application for grant of early hearing. 14. Looking at the pendency of the matters, this application cannot be entertained at this stage. 15. Civil Application is disposed of. 16. Liberty to apply after six months. 3 10-WP-3816-23.odt Writ Petition No.3816/2023 17. Stand over to 08/10/2026. 18. Interim order to continue until further orders. (NANDESH S. DESHPANDE,J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 04/09/2026 11:19:04