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Bombay High CourtCRA/151/2018compromisedconsent terms

Smt. Saeeda Begum Mohammed Yunus v. Shri Salim Kumar

2019-06-17Hon'Ble Shri Justice Dama Seshadri Naidu3 pages

Seema 5. cra 151 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 151 OF 2018 Smt. Saeeda Begum Mohammed Yunus ...Applicant

Versus

Shri Salim Kumar

...Respondent

---------- Joseph B. Fernandes - Advocate for the applicant. Ajay Panicker a/w Amit Kakri i/b Ajay Law Associates - Advocate for the respondent ---------- CORAM : DAMA SESHADRI NAIDU, J.

DATE :17th JUNE 2019.

P.C. :

1.

The respondent-landlord initially filed a suit for eviction against the applicant-tenant, but could not succeed in his effort to secure a decree of eviction. The Trial Court dismissed the suit. Aggrieved, the landlord filed an appeal before the appellate bench of the Small Cause Court which reversed the findings and decreed 1/3

Seema 5. cra 151 of 2018.doc the suit. Then it was the tenant's turn to be aggrieved. He filed this Civil Revision application. This Court, through its order dated 30.11.2018, directed the tenant to pay to the landlord Rs. 50,000/- from 1.1.18 monthly, to have the execution stayed.

2.

Now both the counsel for the respective parties in the Writ petition have reported to the Court that the parties have compromised the dispute and have accordingly filed the consent terms. I perused the terms of the consent. The document incorporating the terms of consent is marked as 'X'.

3.

Among other things, the landlord has agreed to forgo the monthly deposit the tenant was required to pay under this Court's directions, dated 30.11.2018. On the other hand, the tenant has agreed to surrender the possession.

4.

I accordingly dispose of this Civil revision application, incorporating the terms of consent as part 2/3

Seema 5. cra 151 of 2018.doc of the order.

5.

The petitioner's counsel has showed me the petitioner, who appeared in person. Thus, the petitioner's presence is noted.

[DAMA SESHADRI NAIDU, J.] 3/3