CHIDAMBAR R. CHANEKAR Vs. SHIRISH GADKAR

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondents waives service. Heard finally by consent of parties.

(2.) By this petition, the petitioner, who is the original defendant, is challenging two orders, both dated 20.03.2019, passed by the learned Trial Court in Regular Civil Suit No. 226/2018/C. By the first order, an application (Exhibit-6) filed by the respondents/plaintiffs, under Order XV-A of the Code of Civil Procedure (CPC, for short), has been allowed, directing the petitioner to deposit Rs.10,000/- per month as occupation charges, while by the second order, an application (Exhibit-10) filed by the petitioner, for extension of time to file written statement, has been rejected.

(3.) Undisputedly, there is a previous suit filed by the petitioner against the respondents being Regular Civil Suit No. 128/2016/D, in which, the petitioner is inter alia seeking mandatory as well as prohibitory injunction, against the respondents. The petitioner is seeking a direction to the respondents to restore the water supply and electricity connection in the suit premises and for restraining the respondents or anybody on their behalf from interfering with the suit premises. Undisputely, in the said suit, the respondents have raised a couter claim inter alia for declaration that the leave and license agreement dated 22.03.2016 has expired by efflux of time. It is further a matter of record that the respondents had filed an application in the said suit also under Order XV-A of CPC and that application has been allowed, directing the petitioner to deposit Rs.10,000/- per month as occupation charges.