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2026 DAILYLAW 12275 (BOM)

M/S. MAA SHARDA FURNISHING, THR. PROP. MRS. SUSHMA W/O. ASHOK GOEL v. PRAKASH S/O. SHIVMANGAL DUBEY

/6862/2026 · 2026-09-28

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Judgment text

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1 / 2 5.wp6862.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6862 OF 2026 M/S. MAA SHARDA FURNISHING, THR. PROP. MRS. SUSHMA W/O. ASHOK GOEL, VS PRAKASH S/O. SHIVMANGAL DUBEY, ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr. Aniket A. Sawal, Advocate for petitioner. CORAM : NANDESH S. DESHPANDE, J. DATE : 28.09.2026 Heard Mr. Sawal, learned counsel for the petitioner. 2. The present petition challenges order passed under the provisions of Order XV-A of the Civil Procedure Code (Maharashtra Amendment) for directing the plaintiff to deposit the arrears of rent. 3. While challenging the said order, it is contended that an amount of Rs.5,00,000/- has already been deposited towards security deposit. Secondly, it is contended that the petitioner i.e. tenant/defendant before the trial Court, had already handed over the possession on 23.10.2024. It is, Prity 2 / 2 5.wp6862.2026 therefore, contended that no such order, much less a direction to deposit an amount of Rs.1,33,249/- ought to have been passed. 4. I have gone through the impugned order, the trial Court in para 8 and 9 thereof, has elaborately considered, how it has reached to the amount of Rs.1,33,249/-, keeping all these aspects in consideration i.e. amount of security deposit, as also the fact that the petitioner/tenant/defendant had already handed over the premises. 5. There is no perversity or jurisdictional error in the impugned order. The petition, therefore, being devoid of merits, is liable to be dismissed and is accordingly dismissed. [ NANDESH S. DESHPANDE, J. ] Prity Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 29/09/2026 18:34:30