Babulal Asagarali Rangrej (Since Deceased) Through His Legal Heirs v. Vishwasrao Narayanrao Pawar

1 CRA 14-15.doc-909

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.14 OF 2015 Mr. Babulal Asagarali Rangrej ] (Since Deceased) through is legal heirs ] 1a. Sharif Babulal Rangrej, ] 1b. Mr. Munir Babulal Rangrej.

] ... Applicants

Versus

Mr. Vishwasrao Narayanrao Pawar.

] ... Respondent Mr. S. S. Shah for Applicants.

Mr. S. S. Patwardhan for Respondent.

CORAM :- M. S. SONAK, J.

DATE :- AUGUST 07, 2015 P. C. :- 1.

Mr. S. S. Shah, the learned Counsel for Applicants, on basis of instructions from the Applicants, does not press this Civil Revision Application but seeks time up to 31/07/2016 to vacate and hand over the possession of the suit premises to the Respondentlandlord. 2.

Mr. S. S. Patwardhan, learned Counsel for Respondent, on basis of instructions from the son of the Respondent who has been duly authorized to take decisions in the matter, states that such time can be granted in the facts and circumstances of the present case, subject to the Applicants filing the usual undertaking within a period of two weeks.

URS

2 CRA 14-15.doc-909 3.

Accordingly, subject to the Applicants and all adult family members of the Applicants' family filing the usual undertakings in this Court within two weeks from today, the impugned eviction decree shall not be put into execution up to 31/07/2016. The Affidavits/undertakings to state that the Applicants are in possession of the suit premises and that they shall not part with possession, transfer or create any third party rights in respect of the suit premises. Further, the Affidavits/undertakings to state that the Applicants shall hand over the vacant and peaceful possession of the suit premises to the Respondent on or before 31/07/2016 without fail. Further, the Applicants to clear all the arrears up to date and also pay, without prejudice to the rights of the Respondent, compensation up to 31/07/2016.

4.

The undertakings shall be deemed to be undertakings to this Court.

5.

A copy of the undertakings to be furnished to the learned Counsel for Respondent before the same are filed filed in the Registry. 6.

Civil Revision Application stands disposed of in the aforesaid terms.

(M. S. SONAK, J.) URS