← Library
Bombay High CourtCAC/172/2018disposed off

Smt. Gulabbai Bandusing Rathod v. Nandan Vijaykumar Shah

2018-02-21Hon'Ble Shri Justice G. S. Kulkarni2 pages

psv 501-cac 172-18 in cra 5-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.172 OF 2018 IN CIVIL REVISION APPLICATION NO.5 OF 2017 Smt. Gulabbai Bandusing Rathod ...Applicant In the matter between Smt. Gulabbai Bandusing Rathod ...Applicant Vs.

Nandan Vinaykumar Shah

...Respondent

----- Mr.S.P. Rajepandhare for Applicant.

Mr.Samir Kumbhakoni for Respondent.

----- Coram : G.S.KULKARNI, J Date : 21st FEBRUARY 2018 P.C.

Not on board. Taken on board on a Praecipe moved on behalf of the applicant.

The revision applicant has filed this application seeking extension of time to vacate the suit premises. By an order dated 31st October 2017 this Court while rejecting the revision application as filed by the applicant, had directed that the possession of the suit premises be delivered to the respondentlandlord within 8 weeks from the date of the said order. It is stated that the time as granted by this Court has expired on 27th December 2017. The applicant has stated that she is a widow aged 77 years and she has no source of income. The applicant has

psv 501-cac 172-18 in cra 5-17.odt also stated that her financial condition is very weak and that she has no alternate accommodation except the suit premises. These averments can be seen in paragraph 8 of the application. 2.

Learned Counsel for the respondent submits that already by the order dated 31st October 2017 sufficient time was granted to the applicant to vacate the suit premises. He submits that the application thus be not entertained.

3.

Having heard the learned Counsel for the parties and considering the averments as made and only as an indulgence, the applicant is permitted to occupy the suit premises upto 31st March 2018. The applicant will not be permitted to move for extension hereafter. On or before 31st March 2018, the applicant shall hand over possession of the suit premises to the respondent-landlord. Ordered accordingly.

4.

Civil application is disposed of in the above terms. No costs. (G.S.KULKARNI, J)