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Bombay High CourtSA/365/2015dispossed offdismiss for default

Jagdish S/O Harischandra Narayane And Another v. Sau. Lalita W/O Narayan Somnathe (Dead) Through Lrs, Narayan S/O T. Somnathe

2017-01-12Hon'Ble Shri Justice Ravi K. Deshpande2 pages

1701sa365.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.365 of 2015 (Jagdish s/o Harischandra Narayane and another v. Sau. Lalita Narayan Somnathe (Dead), Narayan Tukaram Somnathe (Dead), through LR Ajay Ambadas Yengde) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri M.M. Agnihotri, Advocate for Appellants. Coram : R.K. Deshpande, J.

Date : 17 th January, 2017 This second appeal was dismissed by this Court on 12-1-2017. However, it was directed to be listed today on the board so as to enable the appellants to file an undertaking that they would vacate the suit premises within a period of three months from today. Accordingly, the pursis dated 17-1-2017 is placed on record, which is marked as 'X' for identification. Shri Agnihotri, the learned counsel appearing for the appellants, submits that the appellant No.2 is personally present before this Court and he has signed this undertaking.

In view of the aforesaid undertaking, the possession of the appellants shall not be disturbed for a period of three months; after expiry of which, if the premises are not vacated, the plaintiff

1701sa365.15.odt shall be at liberty to file a petition for contempt. Judge.

Lanjewar