MEENA ARUN TADKODKAR Vs. PADMA CHATURMAL THAKUR

JUDGEMENT

(1.) Heard learned Counsel appearing for the Petitioner and the learned Counsel appearing for the Respondents. Learned Counsel appearing for the Respondents states that the Vakalatnama will be filed within two weeks.

(2.) The Petitioner, by the present Writ Petition filed under Article 227 of the Constitution of India is challenging the legality and validity of the order dated 27 th April 2023 passed by the learned Appellate Bench of Small Causes Court, Mumbai(Bandra Branch) below Exhibit-27 in A1 Appeal No. 147 of 2022.

(3.) By the impugned order, the learned Appellate Bench while staying the decree of possession granted by the learned Trial Court fixed an amount of Rs.35,000.00 per month as compensation which the Petitioner was directed to deposit in the Court as a condition for staying the eviction decree. The said order is passed by the learned Appellate Court in terms of the law laid down by Hon'ble Supreme Court in Atmaram Properties (P) Ltd. Vs. Federal Motors (P) Ltd.,(2005) 1 Supreme Court Cases 705.