Disposed

Shri. Vasudeo Raghunath Malvade v. Smt. Kamal Kisan Karanjikar

Bombay HC1 Apr 2014RPC/9/2014

Case brief

AI extract

What is this about?

In a review petition, the Bombay High Court disposed of the matter as not pressed. The petitioner agreed to vacate by 31/12/2014, pay rent, and file an undertaking, provided the respondents did not object immediately. The judgment conditions future execution on compliance.

What did the court decide?

Review petition disposed as not pressed; time granted to vacate by 31/12/2014 subject to filing undertaking and paying rent.

Shri. Vasudeo Raghunath Malvade Vs Smt. Kamal… — Civil Procedure and Limitation | Bombay HC (2014)

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9.rpc.9.14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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REVIEW PETITION NO. 9 OF 2014

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Shri Vasudeo Raghunath Malvade

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.. Petitioner

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Vs.

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Smt.Kamal Kisan Karanjikar and others .. Respondents

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Mr.Vishwanath.S.Talkute, Advocate for the Petitioner. Mr.Shreyas Adyanthaya, Advocate for the Respondents.

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CORAM : R.G.KETKAR, J. DATE : 01^st April, 2014

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P.C. :

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. Heard Mr.Vishwanath Talkute, learned Counsel for the petitioner and Mr.Shreyas Adyanthaya, learned Counsel for the respondents.

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Mr.Talkute, after taking instructions from the petitioner, states that he will not press this review petition if time to vacate the suit premise upto 31/12/2014 is given. He states that the petitioner accepts the decisions of the Courts below and of this Court in C.R.A No. 29 of 2013. He further states that within 4 weeks from today, the petitioner and all the adult members residing with him will file usual undertaking incorporating therein that

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i) that they are in possession of the suit premises and nobody else is in possession;

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ii) that they have neither created any third party interests nor

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parted with possession of the suit premises ;

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iii) that they will hereafter neither create third party interests nor part with possession of the suit premises ;

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iv) that they will clear arrears of rent, if any, within 4 weeks from today.

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v) they will go on regularly paying rent till handing over possession of the suit premise to the respondents on or before 31/12/2014.

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vi) that they will hand over vacant and peaceful possession of the suit premises to the respondents on or before 31/12/2014.

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Mr. Adyanthaya submits that the petitioner did not pay rent within stipulated period. He further states that as far as time to vacate is concerned, he has left it to the Court.

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Mr.Talkute submits that there is delay of 5 days in paying the rent. He assures that the petitioner will regularly pay rent to the respondents on or before 10^th day of next succeeding month till handing over possession on 31/12/2014.

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In view thereof, review petition is disposed as not pressed in the following terms.

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I) The petitioner accepts the decisions of the Courts below and of this Court in C.R.A No. 29 of 2013.

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II) The petitioner shall file undertaking in the aforesaid terms within 4 weeks from today after giving advance copy to the other side.

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III) The petitioner will go on paying rent regularly before 10^th day of next succeeding month till handing over possession on 31/12/2014.

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IV) The petitioner shall hand over vacant and peaceful possession to the respondents on or before 31/12/2014.

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It is made clear that in case the petitioner does not file undertaking within stipulated period and/or does not comply the conditions stipulated in the undertaking, respondents would be at liberty to proceed for execution of the decree.

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It is also made clear that in case, the petitioner does not hand over vacant and peaceful possession of the suit premises on or before 31/12/2014, the respondents would be at liberty to proceed with the matter in accordance with law.

Shri. Vasudeo Raghunath Malvade v. Smt. Kamal Kisan Karanjikar

Case brief

What is this about?

What did the court decide?

Shri. Vasudeo Raghunath Malvade v. Smt. Kamal Kisan Karanjikar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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