Bombay High Court
Motilal S/O.Bherulal ... vs The Ex.Engg. B & C Div.No.1, ... on 15 June, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
SECOND APPEAL NO.437 OF 1997
Motilal s/o Bherulal Dave
(Since dead) thr. LRs.
1] Smt. Urmilabai wd/o Motilalji Dave,
Aged 70 yrs.
2] Shri Shantiprakash s/o Motilalji Dave,
Aged 40 yrs.
3] Sri Durgaprasad s/o Motilalji Dave,
Aged 30 yrs.
4] Shri Pramodkumar s/o Motilalji Dave,
Aged 24 yrs.
5] Smt. Shashikalabai Gaurishankar Dave,
Aged 49 yrs.
6] Smt. Kaushalbai Rajendraji Dave,
Aged 34 yrs.
7] Smt. Roshanibai Dipakji Joshi,
Aged 27 yrs.
All R/o C/o Smt. Urmilabai Motilalji Dave,
Surendragad, Manav Seva Society,
Seminary Hills, Nagpur. ....... APPELLANTS
...V E R S U S...
The Executive Engineer,
B&C Division No.1, Sadar,
Nagpur. ....... RESPONDENT
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Shri Pradeep Marpakwar, Advocate for Appellants.
Mrs. R.A. Deshpande, A.G.P. for Respondent.
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CORAM: R.K. DESHPANDE, J.
th JUNE, 2016.
DATE: 15
ORAL JUDGMENT
1] The appellants in this appeal have furnished an undertaking
before this Court dated 09.06.2016 marked as 'X' for identification.
The terms of the undertaking are reproduced below:
1)
That, the appellant undertakes to make payment of
Rs.25,000/- to the respondent B&C Division No. 1, Sadar,
Nagpur towards full and final settlement of all arrears of rent
within a period of one month.
2) That, the appellant shall vacate the premises in their
possession i.e. the lease premises within period of six months
from today.
3) In the meantime of this six months period the appellant
shall make fresh application for renewal/fresh lease of suit
premises to the respondent which would be considered by the
B&C Division No. 1, Sadar, Nagpur in accordance with law on
fresh term and execution of lease deed therefor in accordance
with law.
2] Initially, the matter was adjourned for taking instructions
from the appellants for filing such undertaking. Some of the appellants
thereafter remained present before this Court and agreed for furnishing
an undertaking. The learned counsel for the appellants submits that the
undertaking is signed by all the appellants. Hence, the learned Assistant
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Government Pleader submits, on taking instructions, that the
respondents have no objection for disposing of the matter and taking on
record the alleged undertaking so furnished.
3] In view of above, the second appeal stands disposed of in
terms of the aforesaid undertaking. The parties to act upon the terms
and conditions.
ig JUDGE
NSN
