Disposed

Shankar Dhondu Walkar (Dec.Thr. LRS.)1. Sunita Shankar Walkar and Ors. v. 1. Narayan Vinayak Joshi (Dece Thr.Lrs) 1a. Govind N. Joshi and Ors.

Bombay HC19 Jun 2013SA/656/2008

Case brief

AI extract

What is this about?

The civil appeal was disposed of as not pressed after counsel for the appellants withdrew it following a request for a one-year extension to vacate suit premises, subject to filing a specific undertaking.

What did the court decide?

Appeal disposed of as not pressed; decree execution stayed until 30th June 2014 subject to undertaking.

Shankar Dhondu Walkar (Dec.Thr. LRS.)1. Sunita… — Execution and Attachment | Bombay HC (2013)

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Tapadia RR

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1 / 3 SA/656/2008

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.656 OF 2008 WITH

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CIVIL APPLICATION NO. 1700 OF 2008 IN SA/656/2008

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Shankar Dhondu Walkar, since deceased by his L.Rs; Sunita Shankar Walkar and Ors

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..Appellants

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Vs Narayan Vinayak Joshi, since .. Respondents deceased, by L Rs, Govind Naryan Joshi and ors.

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Mr.Madhav J.Jamdar, Advocate for the Appellants. Mr.Aniket P.Ranade, Advocate for respondent no.1A

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CORAM : R.G.KETKAR,J. DATE : 19/06/2013

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PC:

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Heard Mr. Madhav Jamdar, learned counsel for the appellants and Mr. Aniket Ranade, learned counsel for respondent no.1A at length.

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After arguing the Appeal for some time, Mr. jamdar, upon taking instructions from appellant no.2 – Pradip Shankar Walkar who is present in the Court, states that if sufficient time is given for vacating the suit premises, he will not press this Appeal. Mr.Ranade, upon taking instructions from respondent no.1A, states that at the most, one year's time may be granted to the appellants to hand over vacant and peaceful possession of the suit premises to respondent no.1A

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2 / 3 SA/656/2008

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subject to giving usual undertaking to this Court.

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In view of this statement, Mr. Jamdar states that within four weeks from today, the appellants and all adult family members residing with the appellant will file undertaking to this Court incorporating therein (i) that they are in possession of the suit property and nobody else is in possession; (ii) that they have neither created third party interests nor parted with possession; (iii) that they will hereafter neither create third party interests nor part with possession and (iv) that they will hand over vacant and peaceful possession of the suit premises to respondent no.1A on or before 30^th June, 2014.

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In view thereof, the Appeal is disposed of in the following terms:

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(i) Appeal is disposed of as not pressed.

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(ii) The decree passed by the Courts below shall not be executed till 30^th June, 2014, subject to the aforesaid undertaking being given in this Court within a period of four weeks from today.

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(iii)It is made clear that in case the undertaking is not filed within the stipulated time, respondent no.1A will be at liberty to proceed for execution of the decree.

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(R.G.KETKAR, J.)

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3 / 3 SA/656/2008

Shankar Dhondu Walkar (Dec.Thr. LRS.)1. Sunita Shankar Walkar and Ors. v. 1. Narayan Vinayak Joshi (Dece Thr.Lrs) 1a. Govind N. Joshi and Ors.

Case brief

What is this about?

What did the court decide?

Shankar Dhondu Walkar (Dec.Thr. LRS.)1. Sunita Shankar Walkar and Ors. v. 1. Narayan Vinayak Joshi (Dece Thr.Lrs) 1a. Govind N. Joshi and Ors.

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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