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Bombay High CourtWP/59/2025dismissed

Vijay Tanaji Jagtap And ANR v. The Chairman Shivkrupa Shakari Co Operative Patpedhi. Ltd. Mumbai And ORS

2025-01-30Hon'Ble Shri Justice M. M. Sathaye , Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 20 WP-59-25 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT BHARAT DASHARATH PANDIT Date: 2025.01.30 20:37:25 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 59 OF 2025 Shri Vijay Tanaji Jagtap and Anr.

.... Petitioners.

V/s The Chairman, Shivkrupa Shakari Co-operative Patpedhi and Others ....Respondents.

None for the petitioner.

Mr. Tushar Pabale i/b Mr. Bhupesh V. Samant, Advocates for respondent nos. 1 and 2.

Mr. S.B. Kalel, Assistant Government Pleader for the respondents-State. **** CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE :

30th JANUARY 2025 P.C. :

1] None for the petitioners.

2] We have perused the undertaking submitted on behalf of the petitioners on 06/01/2025 by which they had undertaken to deposit an amount of Rs 10 lakhs by 25/01/2025. They have further stated that on failure to do so, they would handover possession of the aforesaid property to respondent no. 2.

3] Learned counsel for respondent nos. 1 and 2 submits that the aforesaid amount has not been deposited by the petitioners. In view of the aforesaid, in terms of the petitioners' undertaking they would be BDP-SPS 1/2

2 20 WP-59-25 .doc required to handover vacant possession of the subject premises to the respondent no.2. It would be open for respondent nos. 1 and 2 to obtain possession of the aforesaid premises in terms of the undertaking. The writ petition stands dismissed.

(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.) BDP-SPS 2/2