Sundeep Singh Kanwaljit Singh Lamba v. Rajesh Sureshchandra Sha And ORS.

503-cra-144-2019.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL REVISION APPLICATION NO.144 OF 2019 Sundeep Singh Kanwaljit Singh Lamba ] Applicant Vs.

Rajesh Sureshchandra Shah and others.

] Respondents .....

Mr. V.M. Singh i/b MBS & Co., Advocate for the Applicant. Mr. Yogeshwar S. Bhate, Advocate for Respondents No.1 to 9. .....

CORAM : R.G. KETKAR, J.

DATE : 10th JULY, 2019.

P.C.

Heard Mr. Singh, learned Counsel for the applicant and Mr. Bhate, learned Counsel for respondents No.1 to 9.

2.

C.R.A was heard at length on 27th March, 2019. By order dated 12th April, 2019, C.R.A was dismissed and eviction decree was stayed for a period of 12 weeks subject to the applicant and all adult members using the suit premises giving usual undertaking to this Court within two weeks from the date of the order with advance copy to the other side. 3.

Mr. Singh has tendered affidavit of Sundeep Singh Kanwaljit Singh Lamba, the applicant dated 10th July, 2019. In paragraph 2, it is stated that he has not filed any appeal against the order dated 12th April, 2019 not he is filing any appeal against the said order. He is searching for alternate premises and negotiations are at advanced stage. He has agreed to hand over vacant and peaceful possession of the suit premises to the respondent herein on or before

503-cra-144-2019.odt 9th August, 2019 and he will not seek further extension of time to hand over vacant and peaceful possession of the suit premises to the respondents. Undertaking is accepted. It is taken on record and marked 'X' for identification. The statements made in paragraphs 2,4 and 5 are accepted in the form of undertaking to this Court.

4.

In view thereof, time to hand over vacant and peaceful possession of the suit premises is extended up to and inclusive of 9th August, 2019 with express understanding that no further extension shall be sought by the applicant.

5.

The applicant accepts the correctness of the impugned order. The applicant also accepts that his tenancy rights are extinguished. Order accordingly.

[R.G. KETKAR, J.]