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Bombay High CourtWP/7240/2014dispossed offdismiss for default

Vasant S/O Bhaiyyaji Asre, Prop. M/S Shivshakti Engineering Works v. The Central Provinces And Berar Education Society, Through Its President, Ramchandra S/O S. Mahajan

2016-10-18Hon'Ble Shri Justice Ravi K. Deshpande2 pages

1910wp7240.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.7240 of 2014 (Vasant Bhaiyyaji Asre v. The central Provinces & Berar Education Society) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.M. Nafde, Advocate for Petitioner.

Shri R.M. Sharma, Advocate for Respondent.

Coram : R.K. Deshpande, J.

Date : 19 th October, 2016 In view of the order dated 18th October, 2016 passed by this Court, the learned counsel appearing for the petitioner has filed a pursis dated 19th October, 2016 and submits that the pursis is signed by the petitioner. The contents of the pursis are reproduced below :

"

That, the petitioner has filed present petition challenging the order of rejectment passed by Small Causes Court Nagpur. That vide order dated 18.10.2016 Hon'ble Court has dismissed the instant petition. That, the petitioner is running his business in the said premises since 1998. It is submitted that the petitioner is running Engineering Work-shop, heavy machineries are fixed in the premises. It is submitted that the petitioner will require at least one year time to shift the established business. That, as

1910wp7240.14.odt orally directed by this Hon'ble Court the petitioner is filing present pursis and states that he undertakes to vacate the premises on or before 31st May, 2017.

Hence this pursis."

In view of the aforesaid pursis, the petitioner is granted time to vacate the suit premises on or before 31st May, 2017. It is made clear that the petitioner shall neither create any third-party interest nor shall part with possession of any other party except the respondent.

The learned counsel for the petitioner further makes a statement that the entire arrears of rent as well as the rent up to 31st May, 2017 shall be paid to the respondent. Judge.

Lanjewar