IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
Petitioner given 18 months to hand over vacant possession, granted time until 9-11-2014; directed to file undertaking within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4425 of 2013
Madanlal Shrikisan Karwa : Petitioner
versus
Omprakash Agyaram Mundada (deceased) through LRS & Ors.
: Respondents
Mr. V.. S. Tadke for the Petitioner Mr. N. V. Gangal i/b Ms Poonam Shrivastav for the Respondent No.1(A)
CORAM:- R. G. KETKAR, J DATED :- 4th SEPTEMBER, 2013.
P.C.
1 Heard Mr. Tadke, learned counsel for the Petitioner and Mr. Gangal, learned Counsel for the Respondent No.1(A).
2 Mr. Tadke invites my attention to the order dated 9-5-2013 passed by
this Court. In that order the Court recorded that the Petitioners are not interested in prosecuting the matter on merits, except restricting their claim in the Petition for grant of 18 months period for vacating the premises. This Court also recorded that the Petitioner will keep usual undertaking ready for filing in this Court.
3 Mr. Tadake has shown an affidavit prepared on behalf of the Petitioner. Mr. Gangal has submitted that this affidavit is not in the form of usual undertaking. Mr. Tadke submits that the Petition may be disposed of
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by giving 18 months time for vacating the suit premises. He assures that court that within 2 weeks from today, he will file the undertaking in this Court and serve copy in advance on the other side incorporating therein (i) that the Petitioner is in possession and nobody else is in possession (ii) that the Petitioner has neither created third party interests nor parted with possession with the suit premises (iii) that the petitioner will hereafter neither create third party interests nor part with possession. (iv) that the Petitioner will go on regularly paying rent/compensation to the Respondents during the period of 18 months from 9-5-2013. (v) that the Petitioner will hand over vacant and peaceful possession of the suit premises to the Respondent on or before 9-11-2014.
4 In view of the above the Petition is disposed of as not pressed. The Petitioner shall file undertaking in the above terms within two weeks from today. The Petitioner is given time for handing over vacant suit premises to the Respondents till 9-11-2014.
(R. G. KETKAR, J)
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Madanlal Shrikisan Karwa
Omprakash Agyaram Mundada (deceased) through LRS & Ors.
R. G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
