LAWS(BOM)-2012-4-185

MR. VITHAL PANDU MALIK, SON OF PANDU MALIK, MARRIED AND HIS WIFE AND ORS. Vs. MR. NARAYAN VAMAN MALIK, SON OF VAMAN MALIK, MARRIED AND HIS WIFE AND ORS.

Decided On April 10, 2012
Mr. Vithal Pandu Malik, Son Of Pandu Malik, Married And His Wife And Ors. Appellant
V/S
Mr. Narayan Vaman Malik, Son Of Vaman Malik, Married And His Wife And Ors. Respondents

JUDGEMENT

(1.) HEARD Shri V. Menezes, the learned Counsel appearing for the appellants, Shri A.F. Diniz, the learned Counsel appearing for respondent no.64 and Shri A. Kansar, the learned Counsel appearing for respondents no. 1 to 13, 25, 34 and 36 to 43. The above appeal challenges the portion of an order passed by the learned Civil Judge, Senior Division at Bicholim in Civil Miscellaneous Application No.9/2006 in Special Civil Suit No. 33/2005, whereby on an application for injunction filed by the respondent no.64, the application came to be granted, but however, the respondent no.64/defendant no.21 in the suit was directed to deposit the rent with effect from June, 2007 before the trial Court. The appellants who are aggrieved with the said part of the order directing the respondent no.64 to deposit the rent with effect from June, 2007 have preferred the present appeal.

(2.) THIS Court by an order dated 13/03/2009 whilst admitting the above appeal granted an interim stay of the order passed by the learned trial Judge directing the deposit of the amount since June, 2007.

(3.) SHRI V. Menezes, the learned Counsel however pointed out that in case the said order is continued until disposal of the suit before the learned trial Judge, the above appeal can be disposed of.