Goverdhan Singh Gulab Singh ... vs Lodheshwar Mahadev Mandir ...
2021 Latest Caselaw 16775 Bom

                                                              C.R.A. No.68/2021
                                      :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD



             CIVIL REVISION APPLICATION NO.68 OF 2021



 Goverdhan Singh Gulab Singh Rajput                  ... APPLICANT

          VERSUS

 Lodheshwar Mahadev Mandir Sansthan                  ... RESPONDENT

                               .......
 Mr. P.F. Patni, Advocate for applicant
 Mr. V.S. Panpatte, Advocate for respondent
                                .......


                                  CORAM :       R. G. AVACHAT, J.

                                  DATE :        3rd DECEMBER, 2021
 PER COURT :

Heard. This application has been preferred by the

tenant, taking exception to the judgment and decree,

directing him to vacate the tenanted premises (Shop No.4),

more particularly described in the plaint.

2. The applicant has come around to vacate the

premises. He, however, seeks time of one year for the

purpose of vacating the same and to pay the arrears of rent.

He has placed on record an undertaking duly sworn in. The

C.R.A. No.68/2021 :: 2 ::

respondent/ landlord is a public Trust. Possession of the

tenanted premises was sought for only on the ground of

default. The applicant/ tenant runs a shop of kites.

According to him, it is a seasonal business and just to garner

funds and secure alternative premises he requires 12 months

time. He also undertakes to clear all the arrears of rent by

April 2022.

3. In the aforesaid factual background, the Court is

inclined to accept the undertaking given to this Court. In

view of the same, the Civil Revision Application stands

disposed of. In case the applicant commits breach of

undertaking, the same will entail serious consequences. The

execution of the impugned decree is, therefore, stayed till the

end of December 2022. If the arrears of rent as has been

identified in the suit, are not paid along with further rent by

the end of April 2022, the decree shall be executed at once.

( R. G. AVACHAT ) JUDGE

fmp/-