John Backianathan v. Conrad Dias

k 1/2 3 cra 313.24 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.313 OF 2024 John Backianathan ....Applicant V/S Conrad Dias ....Respondent _________ Mr. B.K. Bali a/w Mr. Gaurav Shetye, Ms. Veena Nair i/b Bali Associates for the Applicant.

Mr. Royee Mendonca for Respondent.

__________ CORAM : SANDEEP V. MARNE, J.

DATE : 6 APRIL 2026.

P.C.:

1.

The Revision Application challenges judgment and order dated 1 March 2024 passed by the Appellate Bench of Small Causes Court dismissing Appeal No.170 of 2018 filed by the Applicant and confirming the eviction decree passed by the Small Causes Court on 21 February 2018.

2.

As the hearing of the Revision Application progressed, the parties have arrived at amicable settlement of disputes. Plaintiff/Respondent has agreed to pay to the Defendant/Applicant an amount of Rs.20,00,000/- towards full and final settlement and upon receipt of which the Defendant/Applicant has agreed to handover possession of suit premises to the Plaintiff on or before 6 July 2026. katkam Page No.

1 of

k 2/2 3 cra 313.24 as.doc 3.

In pursuance of the agreement so reached between the parties, the Plaintiff has handed over to the Defendant two Demand Drafts bearing Nos.18088 and 18089, both dated 4 April 2026 for total amount of Rs.20,00,000/-, receipt whereof the Defendant duly acknowledges. 4.

Upon receipt of Demand Drafts for Rs.20,00,000/-, the Applicant/Defendant has executed undertaking dated 6 April 2026 for vacation of possession of the suit premises on or before 6 July 2026. The undertaking is taken on record and marked 'X' for identification. 5.

In view of amicable resolution between the parties, Civil Revision Application is disposed of by confirming the eviction decree passed by the Trial Court as upheld by the Eviction Court with a modification that the Defendant shall have time till 6 July 2026 to vacate possession of the suit premises.

6.

The Respondent would be at liberty to withdraw the entire amounts deposited in the Small Causes Court alongwith accrued interest.

7.

The Civil Revision Application is disposed of. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2026.04.08 11:08:09 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

2 of