Allowed

Smt. Mayadevi W/O Prakashchandra Agrawal Thr. P.O.A. Anand S/O Prakashchandra Agrawal v. Gopal S/O Bhagirath Rathi (Karta of Huf) and Oths

Bombay HC14 Feb 2012LPA/107/2011

Case brief

AI extract

What is this about?

The Letters Patent Appeal was allowed as the appellant was permitted to withdraw. The court granted time until 30.06.2012 for the appellant to vacate the premises upon filing an undertaking for peaceful handover and payment of dues, subject to court execution if the undertaking is not filed.

What did the court decide?

Appellant permitted to withdraw the Letters Patent Appeal; time granted until 30.06.2012 to vacate premises upon undertaking.

Smt. Mayadevi W/O Prakashchandra Agrawal Thr. P.O.A… — Landlord and Tenant | Bombay HC (2012)

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L.P.A.No.107/11

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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LETTERS PATENT APPEAL NO. 107 OF 2011 IN WRIT PETITION NO. 3738 of 2010 (D)

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SMT. MAYADEVI PRAKASHANDRA AGRAWAL

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VERSUS

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GOPAL BHAGIRATH RATHI AND OTHERS

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Mr. R. S. Parsodkar, Advocate for the appellant Mr. B. G. Kulkarni, Advocate for the respondents.

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CORAM : P.B.MAJMUDAR AND P.B. VARALE, JJ. DATE : 14^th FEBRUARY, 2012.

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Heard the learned counsel for the appellant and the respondents.

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The learned counsel for the appellant states that the appellant is ready to withdraw this appeal, but requested that he may be granted time upto 30.06.2012 to vacate the premises in question. The learned counsel for the respondents states that he has no objection if reasonable time of about three months is granted to the petitioner.

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In view of this, the appellant is permitted to withdraw this Letters Patent Appeal.

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Time is granted to the appellant upto 30.06.2012 to vacate the premises, provided the appellant gives an appropriate undertaking before this Court within a period of one week from today and a copy of the same is given to the learned counsel for the respondents. In the undertaking, the appellant

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L.P.A.No.107/11

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should mention that he, without obstructing in any manner, will handover peaceful possession of the premises to the respondent by 30.06.2012.

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In the meanwhile, whatever may be the arrears of rent, that will be paid to the respondents and the monthly rent is also to be paid regularly till vacating the premises.

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The appellant, in the meanwhile, not to transfer or alienate the premises in question in favour of any one and without compelling the respondents to file any execution proceeding, the appellant will handover the keys of the vacant premises, by 30.06.2012.

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It is clarified that if the undertaking as afore-stated is not filed within a period of one week from today, it will be open for the respondents to execute the decree for possession through the Court.

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Subject to what is stated above, the Letters Patent Appeal is disposed of.

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JUDGE JUDGE

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Diwale

Smt. Mayadevi W/O Prakashchandra Agrawal Thr. P.O.A. Anand S/O Prakashchandra Agrawal v. Gopal S/O Bhagirath Rathi (Karta of Huf) and Oths

Case brief

What is this about?

What did the court decide?

Smt. Mayadevi W/O Prakashchandra Agrawal Thr. P.O.A. Anand S/O Prakashchandra Agrawal v. Gopal S/O Bhagirath Rathi (Karta of Huf) and Oths

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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