Dr. Kamlakar Nilkanth Bhade v. Mr. Rajednra Raghunath Satav

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.815 OF 2014 Dr. Kamlakar Nilkanth Bhade.

] ... Petitioner

Versus

Mr. Rajendra Raghunath Satav.

] ... Respondent Mr. M. S. Topkar for Petitioner.

Mr. V. G. Peshave for Respondent.

CORAM :- M. S. SONAK, J.

DATE :- SEPTEMBER 22, 2015 P. C. :- 1.

After the arguments were heard for some time, the learned Counsel for Petitioner, on basis of instructions from Petitioner, states that the Petitioner will not press this petition. However, the learned Counsel for Petitioner submitted that six months time should be granted to the Petitioner to vacate the suit premises and hand over the peaceful and vacant possession thereof to the Respondent. The learned Counsel for Respondent, on basis of instructions from the Respondent, is agreeable to grant of such time provided the usual undertakings are filed by the Petitioner and adult family members of the Petitioner.

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The learned Counsel for Petitioner states that since the Petitioner is 81 years of age, period of three weeks be granted for filing the necessary undertakings in this Court. This is reasonable. 3.

Accordingly, this petition is dismissed as not pressed. However, the decree of eviction shall not be executed for a period of six months from today, provided the Petitioner and adult family members of his family filing an undertaking in this Court within a period of three weeks from today to the effect that the Petitioner is in possession of the suit premises; the Petitioner has not and will not create any third party rights in the suit premises nor will he part with possession of the suit premises and further, the Petitioner as well as the adult family members in his family will hand over the peaceful and vacant possession of the suit premises to the Respondent on or before 31/03/2016 without fail. The statement that such undertaking will be filed is accepted. The undertaking, once filed, shall be deemed to have been accepted by this Court as undertaking to this Court. Copy of the undertaking to be furnished to the learned Counsel for Respondent before the same filed in the Registry of this Court. 4.

Writ Petition is disposed of in the aforesaid terms. (M. S. SONAK, J.)

3 WP 815-14.doc-910 CERTIFICATE Certified to be true and correct copy of the original signed Order.