Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J.JAMDAR
Katty Minoo Dastur – Appellant
Versus
WMT Apparels Pvt. Ltd. – Respondent
JUDGMENT:
MADHAV J. JAMDAR, J.
1. Heard Mr. Cyrus Jal, learned Counsel appearing for the Petitioners and Mr. Manu T. Ramchandran, learned Counsel appearing for the Respondent.
2. By the present Writ Petition filed under Article 227 of the Constitution of India, the Petitioners are challenging the legality and validity of the order dated 10th November 2025 passed by the learned Appellate Bench of the Small Causes Court, Mumbai below Exhibit- 34 in Appeal No.50 of 2023 in R.A.E. Suit No.1868 of 2009. By the impugned order, the said application bearing Exhibit-34, seeking stay of six weeks to the eviction decree as confirmed by the learned Appellate Court for the purpose of availing further legal remedy is allowed by imposing certain conditions. The Operative Part of the impugned order dated 10th November 2025 reads as under:
“ORDER
“1. Application (Exhibit 34) is allowed and operation of order dated 10.11.2025 passed in (A1) Appeal No. 50 of 2023 is stayed for period of six weeks on following conditions.
a) The appellants shall deposit Rs. 33,000/- per month from 19.11.2009 till 31.12.2010 as interim compensation in the Court.
b) The appellants shall deposit Rs. 37,000/- per month from 01
An Appellate Court's imposition of onerous conditions for stay of eviction decrees must be just and reasonable, reflecting equity principles under Order XLI Rule 5 of the CPC.
The court ruled that conditions for stay of execution cannot include mesne profits payments without proper ascertainment, ensuring rights of both parties are preserved during appeals.
Appellate courts have discretion in awarding stay conditions but cannot modify final orders unless new substantial evidence justifies such action; past decisions are binding under the principle of re....
The tenant is not liable to deposit the time-barred arrears of rent, particularly having regard to the requirement in Section 12(1)(a) that the arrears of rent must be legally recoverable from the te....
Mesne profits can only be claimed from the date of the eviction decree, not from the date of filing the suit, as possession remains lawful until the decree is passed.
(1) Once a decree for possession has been passed and execution is delayed depriving decree holder to reap fruits, it is necessary for Appellate Court to pass appropriate orders fixing reasonable mesn....
The court established that occupational charges must be reasonable and based on a fair assessment of the property, especially in cases involving ex-parte decrees.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
