Shantilal S/O Kavarilal @ Kanwarlal Gandhi v. Mrs. Neeta W/O Nandkishor Gangshettiwar
2026:BHC-NAG:5150 SA 130 of 2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.130/2026 APPELLANT :
Shantilal S/o Kavarilal @ Kanwarlal Gandhi Aged about 72 years, R/o Main Road, Samudrapur, Tah. Samudrapur, Dist. Wardha.
...VERSUS...
RESPONDENT: Mrs. Neeta W/o Nandkishor Gangshettiwar, Aged about 55 years, Occupation : Housewife, R/o Samudrapur, Tah. Samudrapur, Dist. Wardha. --------------------------------------------------------------------------------------------------- Mr. Amol Hunge, Advocate for appellant Mr. R.R. Maddalwar, Advocate for respondent --------------------------------------------------------------------------------------------------- CORAM : ROHIT W. JOSHI, J.
DATE : 01/04/2026 O R D E R :
1.
Learned Advocate for the appellant after arguing the appeal for some time, makes a motion, on instructions from the appellant to withdraw Second appeal. He further prays for grant of reasonable time to vacate the suit property and handover peaceful vacant possession thereof to the respondent.
2.
The appellant is a man of 72 years age. He is earning his living from the suit property. In view of the aforesaid, time for vacating and handing over the peaceful possession of the suit property is granted up to 30/09/2026.
SA 130 of 2026.odt 3.
The appellant is directed to file an undertaking on affidavit to vacate the suit property and handover peaceful vacant possession thereof to the respondent on or before 30/09/2026. Such undertaking on affidavit be filed on or before 20/04/2026. 4.
In the event, such affidavit is not filed before 20/04/2026, the present order shall stand vacated and the decree for possession will become enforceable and executable from 21/04/2026 without further reference to the Court.
5.
Second Appeal is disposed of as withdrawn.
(ROHIT W. JOSHI, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 02/04/2026 10:19:48