Smt. Kalavati Eknath Ingali (Deceased) Thr. Lrs. v. Abdul Rashid Abbas Nadiwale (Deceased) Thr. Lrs.

1 2.CRAST.36321-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION [STAMP] NO.36321 OF 2018 [Kalavati Eknath Ingale (died) through L.Rs. Vs. Abdul Rashid Abbas Nadiwale (died) through L.Rs.] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Ajay A. Joshi, Advocate for the Applicants. CORAM : R. G. KETKAR, J.

DATE : 09/04/2019 P.C.:

1.

Heard Mr.Ajay A. Joshi, learned Counsel for the applicants.

2.

By order dated 11.3.2019, C.R.A. was dismissed. On the oral application made by Mr. Joshi, the eviction decree was stayed for a period of eight weeks subject to the applicants and all adult family members residing / using the suit premises filing usual undertaking within two weeks in terms of paragraph-17 of that order.

3.

Mr. Joshi states that Ms. Nayan Mahadev Ingale has filed undertaking dated 22.3.2019 on behalf of Shri Vijay Mahadev Ingale, Smt. Kalawati Mahadev Ingale and Shri Ajay Mahadev Ingale. The undertaking of Ms. Nayan Mahadev Ingale has filed undertaking dated 22.3.2019 is taken on record and marked 'A' for identification.

4.

Mr. Joshi states that however in that undertaking the name "Smt. Kalawati Mahadev Ingale" is wrong mentioned and instead the correct name is "Smt. Parvati Mahadev Ingale". He submitted that he has served copy of this undertaking on Mr. Talkute who appears for the respondents. 1/2

2 2.CRAST.36321-18 5.

Mr. Joshi submitted that since Mr. Talkute has raised objection for filing common undertaking, he is filing separate undertakings of Smt. Parvati Mahadev Ingale, Mr. Vijay Mahadev Ingale and Mr. Ajay Mahadev Ingale, all dated 4.4.2019. The undertakings of Smt. Parvati Mahadev Ingale, Mr. Vijay Mahadev Ingale and Mr. Ajay Mahadev Ingale, all dated 4.4.2019, are taken on record and marked 'B collectively' for identification.

6.

Mr. Joshi states that the undertakings filed by the parties are in conformity with paragraph-17 of the order dated 11.3.2019. In view thereof, the undertakings are accepted. As the order dated 11.3.2019 is complied with, no further orders are necessary. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS) 2/2