Shri Ashok Murari Patil And ANR. v. Shri. Shyam Kashinath Bobde (Expired) And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11765 OF 2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.G.S. Godbole, Senior Advocate a/w.

Mandar Limaye, Advocate for the petitioner.

CORAM : R. G. KETKAR, J.

DATE : 20/10/2016 P.C.:

1.

Not on board. At the request of Mr.Godbole, taken up in the production board. 2.

Heard Mr.G.S. Godbole, learned Senior Counsel for the petitioner. Leave to amend so as to challenge the trial Court's order dated 28.10.2015 as also to annex page-130, is granted. Amendment shall be carried out within one week from today.

3.

By this Petition under Article 227 of the Constitution of India, the petitioner has challenged the judgment and order dated passed by in as also the judgment and order dated passed by in . By prayer clause (a) of the application made by the plaintiff below Exhibit5, they prayed for direction against the defendants to hand over vacant and peaceful

2/2 p-2.WP.11765-16.doc possession of room admeasuring 120 sq. ft. situate on the ground floor below the stair case and used as a meter room.

4.

Mr. Godbole states that the petitioners are ready and willing to offer equivalent area to the respondents in the same vicinity either on ownership or on tenancy basis. He assures that on the next date of hearing, he will place on record the particulars of premises to be offered by them. Respondent No.(1.b) Kiran Shyam Kashinath Bobde is present in Court. He seeks time to engage Advocate. At his request, stand over to 21.11.2016.

(R. G. KETKAR, J.) Deshmane(PS)