Suresh Rajaram Kadam And ANR v. State Of Maharashtra Thru Gp And ORS

WP14236_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14236 OF 2018 Suresh Rajaram Kdam and another ...

Petitioners Vs.

State of Maharashtra and others ...

Respondents Mr. R. B. Jain a/w. Ms Sneha Pakle i/b. Legal Juris for Petitioners. Mr. P. P. Pujari, AGP for Respondents No.1 and 2-State. Mr. Ashish Gatagat for Respondents No.3 and 4. CORAM : R. G. KETKAR, J.

DATE :

FEBRUARY 20, 2019 P.C. :

Heard Mr. Jain, learned Counsel for the petitioners, Mr. Pujari, learned AGP for respondents No.1 and 2-State and Mr. Gatagat, learned Counsel for respondents No.3 and 4.

2.

The matter was heard on 06.02.2019 when on instructions from the respondent No.4, Mr. Gatagat stated that respondents No.3 and 4 and their family members will remove themselves as also their belongings from Room No.9, Anandibai Rajaram Kadam Chawl, S. G. Barve Nagar, Bhatwadi, Ghatkoper (W), Mumbai - 400 084 within two weeks from the date of that order and that they further undertook not to - break open, take possession and enter in the suit premises, was recorded. 3.

In pursuance thereof, Mr. Gatagat has tendered undertaking dated 20.02.2019 of respondent No.4 along with photocopy of his PAN Card. In paragraph 4, respondent No.4 for himself and for respondent No.3, has given undertaking that respondents No.3 and 4 along with their family members will remove themselves and their belongings from the suit premises. He has also given undertaking that respondents No.3 and 4 along with their family members will not break open the lock, take 1/2

WP14236_18.doc possession and / or enter the suit premises.

4.

In paragraph 5, respondent No.5 has tendered unconditional apology and has sought one week time to comply the undertaking recorded in that undertaking as also in the order dated 06.02.2019. He assures that respondent No.4 and respondent No.3, after vacating the suit premises in all respects, shall handover keys of the suit premises to the petitioners within one week from 20.02.2019. Undertaking of respondent No.4 for himself and for respondent No.3 as also their family members is accepted. The same is taken on record and marked 'A' for identification. Photocopy of his PAN Card is taken on record and marked 'B' for identification. Mr. Gatagat states that respondent No.4 is personally present in the Court.

5.

In view of the undertaking, nothing survives in this Petition and the same is disposed of accordingly. List the Petition for 'reporting compliance' on 26.02.2019 in the Supplementary Board. (R. G. KETKAR, J.) Minal Parab 2/2