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Bombay High CourtWP/215/2019rule made absolute

Shri. Dilipkumar Mohanlal Shah v. Mr. Anil Shriniwas Vaidya And ANR

2019-04-16Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

WP215_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.215 OF 2019 (Dilipkumar Mohanlal Shah Vs. Anil Shriniwas Vaidya and another) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Avinash B. Avhad for Petitioner.

CORAM : R. G. KETKAR, J.

DATE : 16TH APRIL, 2019 P.C.:

Heard Mr. Avhad, learned Counsel for the petitioner.

2.

Mr. Avhad states that Executing Court has fixed the matter on 18.04.2019. On instructions, he further states that petitioner is in possession and nobody else is in possession. The petitioner has neither created third party interest nor parted with possession. The petitioner will hereafter neither create third party interest nor part with possession of the suit premises. The petitioner will clear arrears of rent, if any, before the next date of hearing. Statements made by Mr. Avhad, on instructions, are recorded.

3.

In view thereof, list the Petition for 'admission' on 22.04.2019. Till next date, subject to the petitioner neither creating third party interest nor parting with possession of the suit premises as also clearing arrears of rent, if any, 1/2

WP215_19.doc there shall be ad-interim order in terms of prayer clause (c).

4.

Mr. Avhad shall serve copy of this order on Mr.Joshi, learned Counsel for the respondent No.1. (R. G. KETKAR, J.) Minal Parab 2/2