IN THE HIGH COURT OF JUDICATURE AT BOMBAY KANCHAN D b V y I i N g K i O t A a D N lly C s H ig A n N ed CIVIL APPELLATE JURISDICTION VINOD MAYEKAR MAYEKAR D 2 1 0 3 a 2 : t 0 e 5 0 : .0 :0 8 4 .2 + 5 0530 INTERIM APPLICATION NO. 219 OF 2021 IN CIVIL REVISION APPLICATION NO. 364 OF 2016 Rasheed Ahmed Md.Khalil & Anr. ….. Applicants IN THE MATTER BETWEEN Anjuman Taheezebul Ekhlaq & Ors. ….. Applicants VERSUS Rasheed Ahmed Md. Khalil & Ors. ….. Respondents ALONGWITH CIVIL REVISION APPLICATION NO. 364 OF 2016 Anjuman Taheezebul Ekhlaq & Ors. ….. Applicants VERSUS Rasheed Ahmed Md. Khalil & Ors. ….. Respondents Mr. Manoj Harit i/b. Manoj Harit & Co. for Applicants in IA.

CORAM : RAJESH S. PATIL, J.

DATE : 21st AUGUST, 2025 P.C. :-

INTERIM APPLICATION NO. 219 OF 2021

1) In admitted Civil Revision Application, this interim application has been filed by the landlord seeking deposit of market rent pursuant to the eviction decree passed by the Appellate Bench.

2) A reply has been filed by the respondents/tenant who are the original applicants in the pending Civil Revision Application, opposing the interim application.

3) Heard Mr. Harit, learned advocate on behalf of the applicants (who are the respondents in the Civil Revision Application). 4) By an order dated 6^th December, 2016, the Civil Revision Application filed by the tenant was Admitted and interim relief was granted in terms of prayer clause (b) of the Civil Revision Application. 5) So also, the applicants were directed not to part possession or create third party rights in the suit premises. Liberty was granted to the respondents/landlord to take out a separate application for fixing compensation, if so advised.

6) It is submitted before me that pursuant to the liberty granted by this Court, the present interim application has been filed on 1^st October, 2020. In the interim application, the following prayers have been made :-

a. This Hon’ble Court may be pleased to consider the facts and circumstances and pass an order directing the Revision Petitioners to pay a sum of minimum Rs.2.50 Lacs per month or more from the date of filing of Revision Application No. 364 of 2016 being just and equitable compensation for continued use and occupation of the suit property ;

b. This Hon’ble Court may be further pleased to direct the Ld.2nd Jt. Civil Judge Junior Division & JMFC Malegaon to permit the Applicants to withdraw the monies deposited by the Revision Petitioners towards rent of the suit property ;

In the alternate ;

c. This Hon’ble Court may be pleased to direct the Ld.2nd Jt. Civil Judge Junior Division & JMFC Malegaon to permit the Applicants to withdraw the accrued interest with respect to the deposits made by the Revision Petitioners in order to provide immediate succour;

7) Mr.Harit has fairly submitted before this Court that apart from eviction decree passed by the Appellate Court in the present proceedings which arises out of the eviction suit filed in the year 2007, one more suit has been filed for eviction by the landlord in the year 2014. In the said eviction suit of 2014, an application was made by the tenant to deposit the rent in Court. A sum of Rs.9,27,000/- has been deposited before the Trial Court by the tenant. He also submitted that in the said suit of 2014, an application was preferred by the landlord for withdrawal of the said amount. The said application was rejected by the Trial Court. In the present proceedings, before the Appellate Court, pursuant to an order passed, certain amounts have been deposited which is desired to be withdrawn by the landlord.

8) I have already taken a view in case of Brijbhushan Chandrabali Shukla vs. Mahendra Yadav, 2024 SCC OnLine Bom 418 that once a matter has been admitted, after a lapse of few years, an interim application seeking deposit of market rent could not be maintainable. Paragraph nos. 2 to 12 of the said judgment read as under :-

Legal Frame Work :

2. It is necessary first to examine the ratio laid down by the Supreme Court in the