← Library
Bombay High CourtRPC/12/2016

Santosh Jagan Gurav v. Pushpaben Nemchand Shah

2016-12-02Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

1 / 2 RPWST/32551/2016 Tapadia RR/B.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (ST) NO.32551 OF 2016 IN WP/ST/30947 OF 2016 WITH CIVIL REVISION APPLICATION NO. 523 OF 2016 Santosh Jagan Gurav ..Petitioner.

Vs Pushpaben Nemchand Shah .. Respondent Mr. Nitesh S.Nevshe, Advocate for Petitioner. Mr. Dipen Furia with Ms Aiman Warsi i/b M/s Shah & Furia Associates, Advocates for Respondent.

CORAM : R.G.KETKAR,J.

DATE : 02/12/2016 PC:

1.

Not on board. At the request of Mr. Nevshe, taken up in production board. Heard Mr. Nitesh Nivshe, learned counsel for the petitioner and Mr.Dipen Furia, learned counsel for the respondent.

2.

Mr.Nevshe states that Santosh Jagannath Gurav and his wife Ms Reeta Gurav are present in the Court . He has tendered photocopies of Pan card of Santosh Gurav and Aadhaar Card of his wife Reeta. Same are taken on record and marked ''A" collectively for identification. Mr. Nevshe has also tendered undertaking of Santosh Gurav and his wife Reeta and has enclosed true copy of order dated 1.12.2016 passed in Writ Petition (ST) 30947 of 2016. Undertakings dated 2.12.2016 and

2 / 2 RPWST/32551/2016 order dated 1.12.2016 are taken on record and marked Exhibit 'B' Collectively. Clause 7 of the undertaking records that the applicant is not pressing C.R.A. No. 523 of 2016 and the applicant accepts correctness of the orders impugned in C.R.A. Clause 5 states that the applicant and all his family members will remove themselves from the suit premises on 30.6.2017 and deliver vacant and peaceful possession of the suit premises to the respondent on or before 30.6.2017. Undertaking at Exh.B Collectively is accepted.

3.

The applicant is given time upto and inclusive of 30.6.2017 for vacating the suit premises. In case the applicant does not hand over possession on or before 30.6.2017 respondents would be at liberty to adopt appropriate proceedings. Needless to state that this shall be in addition initiation of contempt of court proceedings.

4.

Review Petition stands disposed of accordingly. 5, Parties to act on the authenticated copy of this order. (R.G.KETKAR, J.)