Mr. Rakesh Mohanlal Misri v. Mrs. Mohini Rajinder Ambardar

1 12 CRA 201-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 201 OF 2015. Mr.Rakesh Mohanlal Misri.

.. Applicant Vs.

Mrs.Mohini Rajinder Ambardar .. Respondent Mr.P.G.Karande i/b Mr.Sachin Shetye, for the Applicant. Mr.Abhay Thorat, for the Respondent.

Applicant present in Court.

CORAM: N.M.Jamdar, J.

Monday 27 April, 2015 P.C :

After arguing the Revision Application for some time, the learned counsel for the Applicant, on instructions from the Applicant who is present in the Court, states that some reasonable time is granted to vacate the premises and the Applicant will not press the Revision Application further and vacate the premises and give all the necessary undertakings. The Revision Application is accordingly rejected, as withdrawn.

The learned counsel for the Applicant requests for one year's time. The learned counsel for the Respondent opposes and states that the premises are needed by the Respondent and states at the most three months time be granted.

2 12 CRA 201-15.doc Considering the facts and circumstances, I am of the opinion that time upto 31 December 2015 be granted to the Applicant to vacate the premises, this will be however, on the condition that the Applicant and all the adult family members residing along with him will file usual undertaking in specified format, within three weeks from today. The undertakings shall inter alia contain that no third party rights will be created and that Applicant and all the adult family members residing with him will hand over vacant and peaceful possession of the suit property to the Respondent on 1 January 2016. If the undertaking is not filed within a period of three weeks from today, the decree shall become executable forthwith.

(N.M.Jamdar, J.)