Case Note & Summary
The petitioner, Prayagbai Digambar Jawale, a peon in Zilla Parishad School, filed a writ petition in the Bombay High Court at Aurangabad challenging an interim order passed by the learned Adhoc Additional District Judge, Osmanabad, in RCA No. 90/2009. The first appellate court had granted a stay of the eviction decree in favor of the petitioner on condition that she deposit Rs.25,000 and further Rs.1,000 per month towards rent. The petitioner sought modification of these conditions. By consent of both parties, the High Court set aside the condition requiring deposit of Rs.25,000. The petitioner was directed to deposit only Rs.1,000 per month from the date of the eviction decree, i.e., 1.4.2009, onwards. The arrears were to be deposited within two months. The petition was disposed of accordingly.
Headnote
A) Civil Procedure - Interim Stay - Eviction Decree - Condition of Deposit - The first appellate court granted stay of eviction decree on condition of depositing Rs.25,000 and Rs.1,000 per month towards rent. The High Court, by consent, set aside the condition of depositing Rs.25,000 and directed the petitioner to deposit only Rs.1,000 per month from the date of eviction decree (1.4.2009) onwards, with arrears to be deposited within two months. (Paras 1-4)
Issue of Consideration
Whether the condition imposed by the first appellate court for depositing Rs.25,000 and Rs.1,000 per month as a condition for stay of eviction decree should be modified.
Final Decision
The petition is disposed of by consent. The condition for depositing Rs.25,000 as enumerated in the impugned order is set aside. The petitioner will be required to deposit only Rs.1,000 per month from the date of the eviction decree i.e. 1.4.2009 onwards. The arrears shall be deposited within a period of two months.
Law Points
- Interim stay
- eviction decree
- condition of deposit
- modification by consent
- Rent Control Act
