Ramchandra Shripat Ware v. Nawalabai Pannalal Pokharana Died Thrugh Lrs. Anilkumar Pannalal Pokharana And Others

1 W.P.6201.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6201 OF 2015 Ramchandra Shripat Ware ...PETITIONER versus Navalbai W/o Pannalal Pokharna Since died through L.Rs. and ors. ...RESPONDENTS .....

Mr. S.Y. Mahajan, Advocate for Petitioner Mr. S.S. Bora, Advocate for respondents .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 1st July, 2015 Order :- 1.

Learned counsel for the petitioner submits that the petitioner is present in the court and he identifies the petitioner. 2.

After hearing learned counsel for either side, I am disinclined to entertain the writ petition. Petitioner has volunteered to file an undertaking to vacate the suit premises within a reasonable period, pursuant to liberty referred to in order dated 30-04-2012 of the Supreme Court. Looking at that, time span of occupying and occupation of the petitioner, I deem it appropriate that suit premises be vacated by the petitioner latest by 31st December, 2015 and undertaking to that effect be filed within a period of four weeks from today in this court. The petitioner also to furnish an undertaking to the effect that no

2 W.P.6201.15 interest or encumbrance would be created over the suit property and it would be physically delivered without any hindrance by 31-12-2015 and till then would pay compensation for occupation at the rate at which rent was being paid.

3.

With above observations, writ petition stands disposed of. Sd/- ( SUNIL P. DESHMUKH, J. ) MTK