Mr. Balgovind L. Sharma v. Ashok D. Bhuta And ORS.
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.495 OF 2025 Pallavi Sawal ...Applicant
Versus
Ashok D. Bhuta & Ors.
...Respondents
Digitally signed by ARJUN VITTHAL KUDHEKAR Date:
2025.10.14 12:31:42 +0530 ARJUN VITTHAL KUDHEKAR WITH CIVIL REVISION APPLICATION NO.496 OF 2025 Pallavi P. Chavan ...Applicant
Versus
Ashok D. Bhuta & Ors.
...Respondents
WITH CIVIL REVISION APPLICATION NO.500 OF 2025 Kisan Dharmaraj Patil ...Applicant
Versus
Ashok D. Bhuta & Ors.
...Respondents
WITH CIVIL REVISION APPLICATION NO.499 OF 2025 Daniel Vethamuthu ...Applicant
Versus
Ashok D. Bhuta & Ors.
...Respondents
WITH CIVIL REVISION APPLICATION NO.502 OF 2025 Sanjay B. Kanojiya ...Applicant
Versus
Ashok D. Bhuta & Ors.
...Respondents
WITH CIVIL REVISION APPLICATION NO.498 OF 2025 Balgovind L. Sharma ...Applicant
Versus
Ashok D. Bhuta & Ors.
...Respondents
WITH CIVIL REVISION APPLICATION NO.501 OF 2025 Pradeep Chavan ...Applicant
Versus
Ashok D. Bhuta & Ors.
...Respondents
WITH CIVIL REVISION APPLICATION NO.497 OF 2025 Kartiki Akshay Dawre ...Applicant
Versus
Ashok D. Bhuta & Ors.
...Respondents
______________________________________________________________ Mr. Rajendra Mishra a/w Heli Mevada & Jayashri Manjrekar i/b Solicis Lex, for the Applicants.
Mr. Ketan Parekh i/b K. R. Parekh & Co., for Respondent No.1. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.
DATED: 13 OCTOBER 2025 P.C.:
1.
Heard Mr. Mishra, learned Counsel appearing for the Applicants and Mr. Parekh, learned Counsel appearing for Respondent No.1. 2.
Mr. Mishra, learned Counsel for the Applicants, after arguing the matter for some time, states that the Applicants will withdraw the Civil Revision Applications and vacate the suit premises within a period of 3 months from today.
3.
However, Mr. Parekh, learned Counsel for the Respondent No.1, submits that the Applicants are the purchasers from the obstructionists
and the Respondents-decree holders are trying to execute the decree for last about 22 years. On instructions, Mr. Parekh, learned Counsel submits that time of 3 months be granted to vacate the suit premises, however, the Court Receiver, High Court, Bombay be appointed, if the possession is not handed over within stipulated time. 4.
Accordingly, by consent of the parties, the following Order is passed :- i.
The Court Receiver, High Court, Bombay, shall stand appointed forthwith with respect to the subject premises. ii.
The Applicants are granted leave to withdraw the Civil Revision Applications and the Civil Revision Applications are dismissed as withdrawn.
iii.
The Applicants shall vacate the suit premises on or before 17th January 2026.
iv.
The Applicants shall file undertakings in this Court within a period of 3 days from today, stating that the Applicants are only occupying the suit premises and further undertaking that the Applicants shall vacate the suit premises on or before 17th January 2026. The said undertaking given on instructions, by the learned Counsel of the Applicants on behalf of the Applicants are accepted as undertaking given by the Applicants to this Court.
v.
If the Applicants fail to vacate the suit premises on or before 17th January 2026, then the Court Receiver, High Court, Bombay, shall stand appointed forthwith with respect to the suit premises. The Court Receiver, High Court, Bombay, shall obtain possession of the subject premises from the Applicants or any person found occupying the suit premises and immediately handover the possession to the Respondentsdecree holders. The Court Receiver, High Court, Bombay, is also permitted to take Police assistance for getting vacant possession of the suit premises. Initially, the charges of the Court Receiver, if required to be appointed, shall be paid by the Respondents and the same shall be thereafter recovered from the Applicants.
vi.
If the Applicants commit breach of the undertakings by not vacating the suit premises on or before 17th January 2026, then apart from the above directions the Applicants will be liable for action of committing contempt of this Court. 5.
Accordingly, the Civil Revision Applications are dismissed as withdrawn, subject to above.
[MADHAV J. JAMDAR, J.]