Popat Suryabhan Aher And Others v. Ashabai Rangnath Barde And Another

2024:BHC-AUG:7423 1 911

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO. 3499 OF 2024 POPAT SURYABHAN AHER AND OTHERS

VERSUS

ASHABAI RANGNATH BARDE AND ANOTHER ...

Advocate for the Petitioner : Mr. Shinde Abasaheb D. Advocate for Respondent No.1 : Ms. A. N. Ansari ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 05th APRIL, 2024 PER COURT:

1.

Heard.

2.

After having argued the matter for some time, the learned counsel for the petitioners seeks time to vacate the suit property and submits that the petitioners would vacate the premises and give an undertaking to this court by all the petitioners that they will vacate and hand over the keys of the suit property to the respondent and that they would not create any third party interest. The learned counsel for the petitioners submits that the petitioners are in possession of the property and nobody else is in possession of the property and that no objection could be raised by any other person contending that he is in possession of the property. The petitioners will hand over the possession of the

2 911 property within 3 months and that they would file an undertaking in this court to vacate the premises within two (02) weeks. 3.

On an undertaking file by the petitioners within two (02) weeks, the executing court would not execute the decree for a period of 3 months from today.

4.

The present writ petition is disposed of by granting the petitioners three (03) months time to vacate the suit premises, subject to the undertaking by all the petitioners, that they will vacate the suit property, on or before the expiry of three (03) months from today. [ARUN R. PEDNEKER, J.] marathe