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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2271 OF 2002
Balkrishna laxman Dhumal, (since deceased)
through his legal heirs and representatives:
1(a) Vijay Balkrishna Dhumal )
Age 53 years, Occ: Ex-serviceman )
1(b) Sunil Balkrishna Dhumal )
Age: 50 years, Occ: Shopkeeper. )
1(c) Jayant Balkrishna Dhumal
ig )
Age: 45 years, Occ:Ex-serviceman )
1(d) Lalita Ajay Dhumal )
Age: 30 years, Occ: Household )
All resident of 71, Patil Chawl, )
Murarji Peth, Solapur. ) .. Petitioner
vs.
1. Shri Vishwanath Shivlingappa Patil )
Age 48 years, Occup: Service, )
R/o 11, Suyog Co-operative Colony, )
84, Railway Lines, Solapur. )
2. Baburao Naganath Kadam, Dead )
through his heirs :-
a) Smt. Rukminibai Baburao Kadam )
b) Blasaheb Baburao Kadam.. (Abated) )
c) Sou. Vimal Hanmantrao Shinde (dismissed)
d) Sou. Kamal Pralhad Hajare (dismissed)) ... Respondents
Mr.Viresh V.Purwant,Advocate for the petitioner.
Mr. T.D.Deshmukh, for Respondent No.1.
Petitioner present in Court.
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CORAM: R.G.KETKAR, J.
DATE : 26th October, 2016.
ORAL JUDGMENT:.
1. Heard Mr. Purwant, learned counsel for the petitioners and Mr. T.D.Deshmukh, learned counsel for the respondents at length.
2. By this Petition under Article 227 of the Constitution of India, the petitioner, hereinafter referred to as "the defendant", has challenged the judgment and decree dated 31.3.1997 passed by the learned IIIrd Joint Civil Judge, Junior Division, Solapur in Regular Civil Suit No.1128 of 1992 as also the judgment and decree dated 11.12.2001 passed by the learned IInd Addl. Sessions District Judge, Solapur in Regular Civil Appeal No.257 of 1997. By these orders, the Courts below decreed the suit instituted by respondent No.1, hereinafter referred to as "the plaintiff" under Section 13(1)(g) of Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 (for short, "the Act"). The Courts below directed the defendants to hand over vacant and peaceful possession of the five rooms situate in Municipal House No.71/B, more particularly described in paragraph 2 of the plaint. After arguing the Petition for quite some time, Mr. Purwant, upon taking instruction from the petitioner, who is present in the Court, states that he will not press this petition if six months time is given for ::: Uploaded on - 27/10/2016 ::: Downloaded on - 28/10/2016 00:52:54 ::: Mhi 3 WP-2271-2002.sxw vacating the suit premises. He has tendered a photocopy of the I-Card, which is taken on record and marked "X" for identification. Mr. Deshmukh has no objection and submits that the petitioner and all other adult family members residing in the suit premises be directed to file undertaking incorporating therein :
(i) that they are in actual possession of the suit premises and nobody else is in possession;
(ii) that they have so far neither created third party interest nor parted with the possession of the suit premises;
(iii) that they will hereafter neither create third party interest nor part with the possession of the suit premises;
(iv) that they will pay the arrears of compensation, if any, to the defendants inclusive of six months period within four weeks from today.
(v) that they will hand over possession of the suit premises to the respondent on 30.04.2017.
3. In view thereof, the Petition is disposed of as not pressed in the following terms :-
(i) The impugned orders are upheld.
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(ii) The tenancy of the petitioner stands terminated.
(iii) Notwithstanding the disposal of the Petition as not pressed, subject to the petitioner and all adult family members residing in the said premises giving an undertaking in the aforesaid terms, with advance copy to the other side on or before 18.11.2016, the eviction decree shall not be executed on or before 30.04.2017.
4. Rule is discharged. In the facts of the case, there shall be no order as to costs.
5. Place the Petition for reporting compliance on 25.11.2016.
(R.G.KETKAR, J.) ::: Uploaded on - 27/10/2016 ::: Downloaded on - 28/10/2016 00:52:54 :::