Ajay Dinesh Shrivastava And ORS v. Suresh Eknath Bansode And ORS

920-IA-1705-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1705 OF 2025 IN WRIT PETITION NO.388 OF 2023 Ajay Dinesh Shrivastava & Ors.

...Applicants

Versus

Suresh Eknath Bansode & Ors.

...Respondents

_______________________________________________________________ Mr. Anirudh Rote i/b Ashish Gaikwad, for the Applicants. Mr. Induprakash Tripathi i/b Mr. C.K. Tripathi, for the Respondents. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 27 FEBRUARY 2025 P.C.:

1.

A learned Single Judge by Order dated 5th September 2024 dismissed the Writ Petition, however, granted time to vacate till 31st January 2025. The present Interim Application is filed on 30th January 2025 seeking extension of time to vacate the suit premises till 30th April 2025. It is the submission of learned Counsel appearing for the Applicant that the Applicant's daughter's exam is getting over in the month of March 2025. He therefore, seeks extension of time till 30th April 2025.

2.

Mr. Anirudh Rote, Learned Counsel appearing for the Applicant, on instructions of the Applicant, who is personally present in Court states that the Applicant will vacate the suit premises on or before 30th April 2025. The said statement made on the instructions of the Applicant is accepted as undertaking given to this Court. Vaibhav Page No. 1

920-IA-1705-2025.doc 3.

Mr. Anirudh Rote, learned Counsel states that written undertaking will be filed in this Court by the Applicant to the effect that the suit premises will be handed over to the Respondents on or before 30th April 2025 within a period of two weeks. 4.

Accordingly, time granted by the learned Single Judge by Order dated 5th September 2024 in Writ Petition No.388 of 2023 is extended till 30th April 2025.

5.

It is made clear that if the Applicants fail to vacate the suit premises by 30th April 2025 then the Court Receiver, High Court, Bombay shall appointed forthwith after 30th April 2025. The Court Receiver, shall take immediate physical possession from the Applicant and hand over the same to the Respondent.

6.

Accordingly, the Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] Vaibhav Page No. 2