Shabbir Shaha Gani Shaha v. Nazir Ahmed Mohammed Bashir And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.149 OF 2016 Shabbir Shaha s/o Gani Shaha Age: 56 years, Occ: Business, R/o. CTS No.4606/30 of 1-31, Dhule, Tq. & Dist. Dhule.

..APPLICANT

VERSUS

1.

Nazir Ahmed Mohammed Bashir, Age: 84 years, Occ: Business, 2.

Mohammed Gaffar Bashir (Died) Through his L.Rs.

2-a) Hajrabi Gaffar Ansari, Age: 79 years, Occ: Household, 2-b) Saidabi Kurban Ansari, Age: 61 years, Occ: Household, Both R/o. Chand Tara Chowk, Maulavi Ganj, Dhule.

3.

Mohammed Yakub Mohammed Bashir, Age: 69 years, Occ: Trade, 4.

Mohammed Yusuf Mohammed Bashir, Age: 54 years, Occ: Trade, 5.

Halimabee D/o Mohammed Bashir, Age: 79 years, Occ: Household, 6.

Banobee D/o Mohammed Bashir, Age: 74, Occ: Household, 7.

Yasif Mohammed Ayyub, Age: 47 years, Occ: Business, 8.

Shamimbano Mohammed Ayyub, Age: 59 years, Occ: Household,

(2) All through Nazir Ahmed Mohammed Bashir R/o Plot No. 32, Firdos Nagar, Dhule.

..RESPONDENTS Mr P.B. Pawar, Advocate for applicant;

Mr Amol S. Gandhi, Advocate for respondents CORAM : N.W. SAMBRE, J.

DATE : 15th JUNE, 2017 ORAL ORDER :

Heard Mr. Pawar, learned Counsel for the applicant at length.

2.

After considering the submissions, since this Court was not inclined to entertain the revision, Mr. Pawar, learned Counsel for the applicant, upon instructions, tender oral undertaking that the present applicant-tenant shall vacate the suit premises by 31st January, 2018 and shall hand over the vacant possession to the respondents-landlord.

3.

Since the oral undertaking is made to the Court, upon instructions from the applicant, same is accepted.

(3) 4.

Civil Revision Application is dismissed.

However, undertaking tendered by the applicant that he shall vacate suit premises by 31st January, 2018 by handing over vacant possession of the same to the respondents-landlord is accepted.

(N.W. SAMBRE, J.) Tupe