Antarbharati Shikshan Mandan And ORS v. Mrs. Prabha Prafulla Doshi And ANR

skc 924-CRA-604-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 604 OF 2015 Antarbharati Shikshan Mandal & Ors.

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Petitioners vs.

Mrs. Prabha P. Doshi & Anr.

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Respondents Mr. Surel S. Shah for Petitioners.

Mr. Amit Borkar for Respondents.

CORAM : M. S. SONAK, J.

DATE: 30 OCTOBER 2015 P.C. :- 1] Mr. Shah, the learned counsel for the Petitioners, on basis of instructions from the Petitioners, does not press this Petition, particularly as the Respondents have agreed to grant time upto 30 October 2017 to the Petitioners to occupy the suit premises. 2] Mr. Baburao Mulik, the Authorised Signatory of the Petitioner Trust duly backed by a resolution of the Trust has filed an affidavit / undertaking that the Petitioner Trust shall vacate the suit premises on or before 30 October 2017 and deliver the vacation possession thereof to the Respondents. The undertaking is taken on record and marked 'X' for the purposes of identification. The undertaking is accepted as an undertaking to this Court. It is further made clear that no extension will be granted, particularly, on the plea that any 1/2

skc 924-CRA-604-15 inconvenience will be caused if the premises are required to be vacated midterm. The Petitioners to start making alternate arrangement in right earnest so that such an eventuality does not arise.

3] In view of the undertaking, Mr. Borkar, the learned counsel for the Respondents states that the eviction decree will not be executed upto 30 October 2017. The Petition is accordingly dismissed. There shall be no order as to costs. (M. S. SONAK, J.) Chandka 2/2