Bombay High CourtWP/3839/2019disposedoff

Khemchand S/O Lalchand Thadani v. Krishnadas Zaverchand Gaglani

2019-06-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp3839.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3839/2019 Khemchand S/o Lalchand Thadani ..Vs..

Shri Krishnadas Zaverchand Gaglani - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.P. Khajanchi, Advocate for the petitioner. Shri J.J. Chandurkar, Advocate for the respondent. CORAM : Z.A. HAQ, J.

DATED : 12.6.2019.

Pursis dated 12th June, 2019 signed by the petitioner and his Advocate is filed on record. The petitioner seeks permission to withdraw the petition and undertakes to vacate the suit premises and hand over vacant and peaceful possession of the suit premises to the respondent / decree holder till 31st March, 2020. The writ petition is disposed as withdrawn.

Accepting the undertaking given by the petitioner, time till 31st March, 2020 is granted to the petitioner to vacate the suit premises. The petitioner shall not create any third party right or interest in the suit premises, and hand over vacant possession to the respondent till 31st March, 2020.

Learned Advocate for the petitioner has pointed out that in Writ Petition No.999/2015 which was filed by the petitioner earlier, an amount of Rs.10,00,000/- was deposited as per the order passed by

2 wp3839.19 this Court and while disposing the petition on 13th October, 2015 this Court directed that the amount of Rs.10,00,000/- be transmitted to the District Court and directions were given to the District Court to pass appropriate orders regarding disbursement of the amount while deciding the appeal. This amount of Rs.10,00,000/ shall be given to the petitioner alongwith interest, if any on it, after he gives vacant and peaceful possession of the suit premises to the respondent. JUDGE Tambaskar.