Suhas Kamlakar Nibandhe v. Gangadhar Hanumant Jakapure

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN VINOD MAYEKAR Date:

2024.05.10 20:17:42 +0530 CIVIL APPELLATE JURISDICTION KANCHAN VINOD MAYEKAR WRIT PETITION NO. 6112 OF 2024 Suhas Kamlakar Nibandhe ..... Petitioner

VERSUS

Gangadhar Hanumant Jakapure ..... Respondent Mr.Hemant Ghadigaonkar for the Petitioner.

Mr.Ashwin V. Sakelkar for the Respondent.

Mr.Suhas K. Nibandhe, Petitioner present in person. CORAM: RAJESH S. PATIL, J.

DATE : 9 MAY, 2024 P.C. :- After the matter was argued for some time, learned counsel for both the parties agree to dispose of this petition with certain directions.

2.

Writ petition is disposed of with certain directions :- (i) A sum of Rs.1,00,000/- deposited by the petitioner with the respondent to be adjusted towards payment due of the respondent.

2/3 (ii) The petitioner to pay a further sum of Rs.1,00,000/- by a period of two weeks from today in the bank account of the respondent.

(iii) The petitioner would vacate the suit premises latest by 31 May, 2024.

(iv) The petitioner will file an usual undertaking within a period of one week, a copy of which would be served upon the respondent's advocate thereby mentioning that the petitioner and his family members who are the only persons residing in the suit premises. The petitioner will not create any third party interest and the petitioner will clear consumption of entire electricity bill till 31 May, 2024.

(vi) The undertaking given by the petitioner will be considered as an undertaking given to this Court.

3/3 (vii) Both the parties agree that they will take steps to withdraw the proceedings filed against each other. Both the parties will also agree that henceforth, after the premises is vacated on 31 May, 2024 and a sum of Rs.1,00,000/- is paid within a period of two weeks from today, they will not file any further proceedings against each other.

3.

Writ petition is accordingly disposed of.

[RAJESH S. PATIL, J.]