Kerba Dasrath Aagle And Others v. Abhaykumar Achuttrao Diwan And Others

CA 3723-2017 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3723 OF 2017 IN CIVIL REVISION APPLICATION NO. 119 OF 2017 Kerba Dasrath Aagle and others ... APPLICANTS

VERSUS

Abhaykumar S/o Achutrao Diwan and others ...RESPONDENTS Mr C.R. Deshpande, Advocate, for applicants Mr N.L. Jadhav, Advocate for respondent No.1 CORAM : N.W. SAMBRE, J.

DATE : 20th July, 2017 ORAL ORDER Applicant No.5 is present before this Court today. Rest of the applicants but for applicant No.1 Kerba, who is informed to be a blind person, have already undertaken that they shall honour the decree and shall not cause any interference in peaceful possession and enjoyment of the respondent/decree holder over the suit property. 2.

The applicant undertakes that they shall deposit an amount of Rs. 25000/- (Rs. Twenty five thousand only) towards costs so as to express their regret for conduct recorded by the Trial court, to the High Court Bar Library,

CA 3723-2017 (2) within a period of six weeks from today. The statement is accepted as an undertaking.

3.

The undertaking tendered by each of the applicant on affidavit that they shall henceforth will not violet the decree and shall honour the same, is accepted.

4.

In view thereof, the delay stands condoned. The present application stands allowed in terms of Prayer Clause "B" to the extent of order dated 07.11.2016.

( N.W. SAMBRE, J.) pjm