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2017 Supreme(Bom) 590

R.M.SAVANT
Hasanali Hasambhoy Jetha – Appellant
Versus
Razia Yusuf Noorani – Respondent


Advocates Appeared:
For the Petitioners: Mr. V.Y. Sanglikar
For the Respondents: Mrs. Ranjana Parikh i/b Ms. Rubia Taneja, Ms. Shama Taneja

JUDGMENT :

1. Rule. With the consent of the Learned Counsel for the parties made returnable forthwith and heard.

2. The Writ Jurisdiction of this Court is invoked against the order dated 18-3-2017 passed by the Appellate Bench of the Small Causes Court on the application Exhibit 7 filed by the Petitioners/original Appellants in Appeal No.305 of 2016 filed by the Petitioners before the Appellate Bench of the Small Causes Court, Mumbai. By the said order, the said application for stay pending the Appeal was allowed in terms of the operative part of the impugned order. The said operative part stipulates that the Petitioners to pay interim compensation @ Rs.10,00,000/- (Ten Lakhs) per month to the Respondents and also to furnish undertakings as directed by the said operative part of the order.

3. The facts necessary for adjudication of the above Writ Petition can in a nutshell be stated thus:-

The Petitioners herein are the heirs of the original lessee one Hashambhai Jetha who was granted a lease of a plot of land admeasuring 3341 sq. yards by an Indenture of Lease dated 7-4-1941, alon






































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