Bombay High CourtSA/108/2018disposedoff

Devendra S/O Arunrao Potale v. Shantabai W/O Bhauraoji Kadu And Others

2019-04-22Hon'Ble Shri Justice Rohit Baban Deo2 pages

sa37of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL 37 OF 2018 (Devendra s/o. Arunrao Potale..vs.. Shantabai w/o. Bhauraoji Kadu & ors) with SECOND APPEAL 108 OF 2018 (Devendra s/o. Arunrao Potale..vs.. Shantabai w/o. Bhauraoji Kadu & ors) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Ms. Aruna Khare, counsel for appellant.

Mr. J.R. Kidiley, counsel for respondents 2 to 4. CORAM: ROHIT B. DEO, J.

DATE: 22 th APRIL, 2019.

This Court recorded thus on 15.4.2019:

This Court was not inclined to admit the Second Appeal on the substantial questions formulated at the stage of issuance of notice. However, this Court was of the prima facie view that the question of damages could be looked into.

At this stage, the learned counsel for the appellant Mrs. Khare states that if the respondents give up the claim of damages and inquiry into mesne profits, the appellant shall hand over vacant possession of the suit property to the respondents within 30 days.

Stand over to 22.4.2019.

The appellant has filed an affidavit dated 17.4.2019 undertaking to vacate the suit premises within 30 days of the disposal of this appeal provided the respondents undertake to give up their claim for damages and mesne

sa37of18.odt 2 profit.

The respondent 3 is present in Court. The learned counsel Mr. J.R. Kidiley on instructions states that if the vacant possession of the suit property is handed over to the respondents within 30 days, the respondents shall not claim damages or mesne profit and the said claim shall be given up.

In view of the respective undertakings, these appeals are disposed of.

JUDGE rsb