Chetan Anant Bhoir v. Sahebrao Shivappa Bidri (Deceased) Thr. Lrs

Vaibhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.905 OF 2025 IN CIVIL REVISION APPLICATION NO.271 OF 2025 Chetan Anant Bhoir ...Applicant In the matter of:

Chetan Anant Bhoir ...Applicant

Versus

Sahebrao Shivappa Bidri Since Deceased Thr. Lrs.

1a.Kasturi Sahebrao Bidri & Anr.

...Respondent

______________________________________________________________ Mr. Dileep Satale, for the Applicant.

Mr. Chetan Bhoir, Applicant present.

Ms. Minakshi Surve, for the Respondent.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 29 JANUARY 2025 P.C.:

1.

The relief sought in the Interim Application is to grant four months time to vacate the suit premises. Admittedly, the decree has been executed on 8th January 2025 and all the goods and articles of the Petitioner have been removed from the suit premises and they have been kept outside the suit premises.

2.

It is the contention of Mr. Dileep Satale, learned Counsel appearing for the Applicant that Applicant's daughter is appearing for

12th Std exams and her exams are going to start on 11th February 2025 and the last paper is on 1st March 2025.

3.

Accordingly, in the interest of justice and kindness, the Respondent to hand over possession of the suit premises to the Applicant immediately for a temporary period up to 10th March 2025. 4.

The Applicant - Chetan Anant Bhoir, who is personally present in Court, undertakes to this Court that the Applicant will hand over vacant and peaceful possession of the suit premises to the Respondent No.1bSanjay Sahebrao Bidri on or before 10th March 2025. The said statement of the Applicant is accepted as undertaking given to this Court. 5.

It is clarified that, if the Applicant fails to vacate the suit premises by 10th March 2025, then immediately the Court Receiver, High Court Bombay stands appointed with respect to the suit premises. The Court Receiver shall take immediate steps to take physical possession by evicting the Applicant or any other person found in possession of the suit premises and hand over the vacant and peaceful possession to the Respondent.

6.

It is also clarified that, if the Applicant fails to vacate the suit premises by 10th March 2025, then the Applicant will be liable to face an action under the provisions of the Contempt of Courts Act. 7.

Liberty to the Respondent to approach this Court in case the Applicant fails to vacate the suit premises by 10th March 2025.

8.

The Applicant shall pay an amount of Rs.10,000/- for the period of occupation of the suit premises i.e. till 10th March 2025. The said amount will be paid during the course of the day. 9.

Learned Counsel appearing for the Respondents, after taking instructions, states that possession will be handed over to the Applicant by tomorrow i.e. 30th January 2025 10.

The Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]