Mrs Parvati Ganpat Nayak W/O Ganpat Manchhoo Nayak v. Jamshed Nowroji Tata And ORS
(903) cra-189.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.189 OF 2017 Mrs. Parvati Ganpat Nayak w/o Ganpat Manchhoo Nayak : Petitioner.
versus Jamshed Nowroji Tata and ors.
: Respondents.
Mr. V R Tripathi for the Petitioner.
Mrs.Lakshmi G Vora a/w Mr. Samir B Pawar for the Respondents. CORAM :
R. M. SAVANT, J.
DATE :
31st March 2017 P.C.
There are concurrent findings recorded by the Courts below on the basis of which the eviction of the Petitioner has been ordered. The learned counsel appearing on behalf of the Petitioner, after arguing for some time, submitted that the Petitioner would be satisfied if reasonable time is granted by this Court to vacate the suit premises. In view of the said submission the Petitioner, who is the wife of the original occupant Shri Ganpat Manchhoo Nayak, is granted time up to 31/03/2018 to vacate premises in question on the usual undertaking to be filed in this Court by all the persons who are residing in the suit premises within 10 (ten) days from date. The said undertakings to be filed by Anil Nayak, Rekha Nayak and Manisha Nayak, who, according to the instructions given to the learned counsel for the Petitioner, are residing along with the Petitioner in the suit premises. The undertakings should also be to the effect that the Petitioner or the other persons residing with her would lgc
(903) cra-189.17 not deal with the suit premises in whatsoever manner during currency of the said undertakings. The Petitioner is liable to make payment of Rs.1000/- per month directly to the Trust in question. This would be for the period from 01/04/2017 to 31/03/2018. In so far as the amount which is already deposited by the Petitioner in the Small Causes Court is concerned, the Trust in question would be entitled to withdraw the said amount. If there is any amount remaining to be deposited for the period up to 31/03/2017, the Petitioner may deposit the said amount within two weeks from date. With the aforesaid directions, the above Civil Revision Application is disposed of. [R.M.SAVANT, J] lgc