Sonali Mane 4--IA-369-2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 243 OF 2023 WITH INTERIM APPLICATION NO. 369 OF 2024 IN SECOND APPEAL NO. 243 OF 2023 Padmashree Annasaheb Jadhav Bhartiya Samaj Unnati Mandal … Appellant Versus Shri Sudhir Gangadhar Sankhe … Respondent Mr. Sharique Nachan a/w Ms. A. Khan i/b Jidicare Law Associates for Appellant in SA and for Respondent in IA. Mr. Rohit P. Karhadkar for Respondent in SA and for Applicant in IA. CORAM : SANDEEP V. MARNE, J. DATE : 6 OCTOBER 2026. P.C. : 1) The Interim Application is filed for fixation of interim compensation in respect of the suit premises during pendency of the appeal. The Appeal is admitted by Order dated 29 March 2023. 2) The Appellant has suffered concurrent findings on the issue of eviction. There appears to be some debate between the parties about the exact area of the suit premises. As per the Respondent/Plaintiff, the ___Page No. 1 of 3 ___ 6 October, 2026 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.10.07 11:30:59 +0530 Sonali Mane 4--IA-369-2024.docx suit premises admeasure 514.22 sq.mtrs., equivalent 5,532.65 sq.ft. On the other hand, it is the contention of the Appellant that the suit premises admeasure 4,616.50 sq.mtrs. 3) The Plaintiff has relied upon valuation report dated 31 July 2024 of the Executive Engineer, PWD Palghar, who has determined rental value in respect of the suit premises at Rs.139 per sq. mtrs and Rs.71,959/- per month. On the other hand, the Appellant has relied upon valuation report of DIGA Consultants and Valuers LLP, which determined the rental return in respect of suit property at Rs. 5/- per sq.ft. and Rs.23,083/- per month. It is difficult to believe that the rental return of the suit premises can be as low at Rs.5/- per sq.ft. Even going by the area of suit premises as indicated in the Appellant's valuation report as 4616.50 sq. ft. and by applying the rental return indicated in the report of the Executive Engineer PWD, the rental income in respect of the suit premises would be in the range of Rs.60,000/-. 4) Since there is debate between the parties in respect of the exact area of the suit premises, I deem it appropriate to fix interim compensation in respect of the suit premises as Rs.50,000/- per month. Accordingly, the Appellant shall deposit in this Court interim compensation at Rs.50,000/- per month from the date of the decree i.e. 31 August 2019. The arrears of interim compensation from 31 August 2019 till 31 December 2026 shall be deposited on or before 31 December 2026. Thereafter, Appellant shall continue to deposit interim compensation every month from 1 January 2027 onwards. It is ___Page No. 2 of 3 ___ 6 October, 2026 Sonali Mane 4--IA-369-2024.docx clarified that the amount of interim compensation shall be over and above the amount of rent which the Appellant is liable to pay. 5) With the above directions, the Interim Application is partly allowed and disposed of. [SANDEEP V. MARNE, J.] ___Page No. 3 of 3 ___ 6 October, 2026