Aslam Sayyad Nabab v. Mrs .Mariyambi Shaikh Kadar
Case brief
What is this about?
writ petition withdrawn; dismissed as withdrawn subject to conditions; time upto 28-02-2027 to vacate suit premises; undertaking by petitioners and all adult family members within four weeks; monthly payment Rs. 3,926/- without prejudice to both parties; Court Receiver High Court Bombay appointed on default with Order XL CPC powers; possession handed to respondents; receiver initial charges deposited by respondents recoverable from petitioners; police protection permitted; contempt prosecution for breach of undertaking; liberty to respondents to seek modification as order passed without notice; Bombay High Court; Madhav J. Jamdar; W.P. No. 11525 of 2024; I.A. No. 11874 of 2024 (stay)
What did the court decide?
Writ petition permitted to be withdrawn and dismissed as withdrawn, subject to: time upto 28th February, 2027 to vacate the suit premises upon undertakings by the Petitioners and all adult family members within four weeks; monthly payment of Rs. 3,926/- to the Respondents till vacating (first payment by 15th February, 2026), without prejudice; failing vacation by 28th February, 2027, appointment of the Court Receiver, High Court, Bombay with Order XL CPC powers to take possession and hand over to the Respondents, with receiver's initial charges deposited by the Respondents and recovered from the Petitioners and police protection permitted; breach exposing the Petitioners to contempt prosecution; and liberty to the Respondents to seek modification since the order passed without notice.