Otarmal Manikchan Oswal (Since Deceased) Thr. Lrs. Gopilal Otarmal Oswal v. Shivdas Laxman Medhi and Anr.
Case brief
What is this about?
Consent withdrawal of Civil Revision Application No.306 of 2025 (Bombay HC, Jamdar J., 17-12-2025) against concurrent eviction decrees on bona fide requirement under Bombay Rents, Hotel and Lodging House Rates Control Act 1947; Regular Civil Suit No.43 of 1990 decree dated 22-02-2011 (Karjat) confirmed in Regular Civil Appeal No.37 of 2019 decree dated 12-10-2022 (District Judge-3, Panvel, Raigad); tenants' legal heirs (Oswal) withdrew on instructions, no hardship as commercial premises available; time to vacate till 31-12-2026; undertakings of all Applicants and family members by 07-01-2026; monthly payment Rs.1,000/- to landlord Shivdas Laxman Medhi by 10th of each month; failing vacation, Court Receiver High Court Bombay appointed with police assistance to hand over possession; statements accepted as undertakings; no merits decision, no case law discussed.
What did the court decide?
Civil Revision Application allowed to be withdrawn and dismissed as such, by consent and subject to conditions: (i) Applicants granted time to vacate the suit premises till 31st December 2026; (ii) all Applicants to file undertakings in this Court on or before 7th January 2026 that they and their family members alone are in possession and will vacate on or before 31st December 2026; (iii) Applicants to pay Rs.1,000/- per month to Respondent No.1-Shivdas Laxman Medhi by deposit in his account on or before the 10th day of each succeeding month, first payment on or before 10th January 2026; (iv) on failure to vacate by 31st December 2026, the Court Receiver, High Court, Bombay to stand appointed forthwith (initial charges by Respondents, recovered from Applicants) to take immediate possession, with police assistance if necessary, and hand over the premises to the Respondents; counsel's statements accepted as undertakings to the Court.