Pravin Kanhaiyyalal Boob v. Amit Abhaykumar Mutha And ORS
903-CRA-5-2023 SGA
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 5 OF 2023 Pravin Kanhaiyyalal Boob ... Applicant
Versus
Amit Abhaykumar Mutha and others ... Respondents ...
Mr. P.F. Patni - Advocate for Applicant Mr. V.S. Bedre - Advocate for Respondent No.1 ....
CORAM : GAURI GODSE, J.
DATE : 15th February, 2023 PER COURT :
1.
After arguing the Civil Revision Application for some time learned counsel for applicant on instructions state that in the event, some longer time is granted to the applicant to vacate the suit premises, the applicant would not press the present Civil Revision Application.
2.
Learned counsel for the respondent No.1 fairly concedes to grant a reasonable time to vacate suit premises. Hence, applicant is granted leave to withdraw the Civil Revision Application, subject to following order :
1/2
903-CRA-5-2023 a.
Applicant is granted time to vacate suit premises till 31st December, 2023, subject to applicant filing an undertaking stating that :
i) applicant shall handover possession of the suit premises to the respondent No.1 on or before 31st December, 2023.
ii) except the applicant no other person is residing in the suit premises.
iii) applicant will not create any third party interest in the suit premises and shall not part with possession.
iv) arrears, if any, will be deposited in the trial court within a period of four weeks from today and applicant shall continue to deposit the rent amount till handing over of the possession.
b.
An undertaking to be filed within a period of four weeks from today, failing which, the relief granted as per clause (a) above, will stand rejected and the Civil Revision Application will stand dismissed summarily. 3.
The Civil Revision Application is disposed of in above terms. 4.
The amount of rent which is already deposited and the amount that will be deposited in future is allowed to be withdrawn by respondent no.1.
[ GAURI GODSE, J. ] 2/2