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Bombay High CourtCRA/476/2024dismissed

Shakil Ahmed Mohammed Safi Ansari v. Mr. Abdul Salim Mustar Shaikh And ORS.

2018-05-03Hon'Ble Shri Justice Madhav J. Jamdar2 pages

506­ cra(ST)13231­2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL REVISION APPLICATION [ST] NO.13231 OF 2018 Shakil Ahmed Mohammed Safi Ansari ] Applicant Vs.

Mr. Abdul Salim Mustar & Ors.

] Respondents .....

Mr. Kaustubh Thipsay i/b Shivani S. Samel, for Applicant. .....

CORAM :

R.G. KETKAR, J.

DATE :

3RD MAY, 2018.

P.C.

Not on board. At the request of Mr. Thipsay taken up in the production board.

2.

Heard Mr. Thipsey, learned Counsel for the petitioner. 3.

Mr. Thipsay submitted that by order dated 7th April, 2018, the Appellate Court stayed its own order for a period of 4 weeks which expires on 5th May, 2018. He states that applicant/defendant No.1 and his wife Ms. Saida Begam are in possession of the suit premises and nobody else is in possession of the suit premises. The applicants have neither created third party interest nor parted with possession. They will hereafter neither create third party interest nor part with possession.

506­ cra(ST)13231­2018.odt 4.

In view thereof, issue notice to respondents No.1 and 2/plaintiffs returnable on 4th July, 2018 for time being. Till next date, there shall be ad­ interim order in terms of prayer clause (c) subject to applicants neither creating third party interest nor parting with possession and clearing arrears of rent, if any, by depositing it in this Court on or before the next date. [R.G. KETKAR, J.]