Manharlal Chunilal Sanghani v. V. Lakshmi Rao And ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1574 OF 2001 Mrs Shakuntala Manharlal Sanghani & Ors.
...Petitioners
vs Smt. V. Lakshmi Rao & Ors.
...Respondents.
.....
Mr Tejas Vora i/b G.K.Vora for the Petitioner. Mr Rajesh S. Patil for Respondent No.1.
.....
CORAM : B. P. COLABAWALLA, J.
JULY 07, 2017.
P.C. :
By consent of the Petitioners and Respondent No.1, the Writ Petition taken on board and placed for hearing and disposal.
The Petitioners before me are the original landlords and Respondent No.1 is the tenant. As far as the other Respondents are concerned they were dropped from this Petition. The tenant had filed R.A.D. Suit No.914 of 1994 before the Small Causes Court at Mumbai. This suit was decreed in favour of the tenant giving a declaration that Respondent No.1 is Pg 1 of 3
the tenant of the suit premises. An appeal from this order, by the landlord, was also dismissed. Now the parties have reached the settlement. In view of the settlement reached, by consent of the parties, the Petition is made absolute and the order dated 24th August, 1998 passed by the Trial Court in R.A.D. Suit No. 914 of 1994 as well as the order of the Appeal Court dated 23rd August, 2000 in Appeal No. 48 of 1999 are set aside. It is common ground before me that only Respondent No.1 is in possession of the suit premises and she agrees and undertakes to handover quiet, vacant and peaceful possession of the suit premises i.e. suit flat No.1 and garage situate in building "Arunodaya", 6, Bimani Street, Matunga, Mumbai - 400 019, on or before 7th August, 2017 against the compensation of Rs.90,00,000/- (Rs.
Ninety Lakhs only) which has been paid by the Petitioners, as more particularly mentioned in the Consent Terms dated 7th July, 2017 duly signed and executed by the Petitioners and Respondent No.1 and their respective Advocates. The Consent Terms are taken on record and marked "X" for identification.
Pg 2 of 3
The undertakings given by the Petitioners and Respondent No.1 in the said Consent Terms are hereby accepted. The Writ Petition is accordingly disposed of in terms of this order and the Consent Terms, respectively. (B. P. COLABAWALLA, J.) Pg 3 of 3