Disposed

Anand S/O Prakashchandra Agrawal v. Gopal S/O Bhagirath Rathi and 5 Ors.

Bombay HC14 Feb 2012LPA/108/2011

Case brief

AI extract

What is this about?

The Letters Patent Appeal was disposed of. The appellant was permitted to withdraw the appeal and granted time until 30.06.2012 to vacate premises and hand over possession pending payment of rent arrears, subject to filing an undertaking.

What did the court decide?

Pand request to withdraw the appeal. Time granted until 30.06.2012 for vacating premises subject to filing an undertaking.

Anand S/O Prakashchandra Agrawal Vs Gopal S/O Bhagirath Rathi and 5 Ors. — Bombay HC (2012) — LawSathi Research

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L.P.A.No.108/11

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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. 108 OF 2011 IN WRIT PETITION NO. 3739 of 2010 (D)

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ANAND PRAKASHANDRA AGRAWAL 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.108/11

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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

Anand S/O Prakashchandra Agrawal v. Gopal S/O Bhagirath Rathi and 5 Ors.

Case brief

What is this about?

What did the court decide?

Anand S/O Prakashchandra Agrawal v. Gopal S/O Bhagirath Rathi and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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