appealant plaintiff tenant withdrew civil revision application challenging eviction decree pending before high court after filing undertaking to vacate premises and clear dues.
civil revision application held disposed of as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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901 - CRA 13 OF 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN Digitally signed byKANCHAN VINOD VINODMAYEKAR MAYEKARDate: 2024.01.11 16:23:16+0530
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 13 OF 2021
ALONGWITH
INTERIM APPLICATION NO. 179 OF 2021
IN
CIVIL REVISION APPLICATION NO. 13 OF 2021
Dr. Laxmikanta @
Vijayalaxmi Subhash Poreddi….. Applicant
VERSUS
Satyanarayan Rajmalu Samal & Anr.….. Respondents
Mr.Ishaan Kapse i/b. Mr.Surel Shah for the Applicant.
Mr.Saurabh Raut i/b. Mr.Anand Kulkarni for the Respondents.
CORAM: RAJESH S. PATIL, J.
DATE : 9 JANUARY, 2024
P.C. :-
The present Civil Revision Application challenges the
impugned judgment and order dated 21 December, 2019 passed
by the District Judge, Solapur, in Regular Civil Appeal No. 9 of
2016.
2. The respondents filed a suit for eviction on the ground of
default and bona fide requirement. The said civil suit of the
respondents was dismissed. However, an appeal preferred by the
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respondents was partly allowed and the petitioner was directed
to vacate the suit premises. The present Civil Revision
Application challenges the eviction decree passed by the
Appellate Court.
3.Mr. Kapse, learned counsel holding for advocate Mr.Shah
for the applicant has tendered an undertaking dated 3 January,
2024 of the applicant. The said undertaking is taken on record
and marked ‘X’ for identification.
4.Mr.Kapse, learned counsel submits that the undertaking is
signed by the applicant. The undertaking records that the
applicant is a person who is in possession of the suit premises as
of today. The undertaking also further mentions that the
applicant will vacate the suit premises on or before 29
February,2024. It also records that the applicant would not
create any third party rights in the suit premises. And the
applicant will clear all the outstanding amount including the
electricity charges before 29 February, 2024. It also records that
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the applicant would regularly pay rent to the original landlord on
or before 10th day of every month till the applicant vacates the
suit premises.
5. The undertaking is taken on record and all the submissions made in the undertaking are accepted as an undertaking given to this Court.
6. Learned counsel for the applicant seeks liberty to withdraw
this Civil Revision Application, on instructions from his client.
7. Civil Revision Application is disposed of as withdrawn.
8. Interim applications pending, if any, are also disposed of.
9. The parties to act on the authenticated copy of this order.
[RAJESH S. PATIL, J.]
Dr. Laxmikanta @ Vijayalaxmi Subhash Poreddi
Satyanarayan Rajmalu Samal & Anr.
RAJESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court