Deepak Bhimrao Patil vs Bipin Prabhkar Mahajan
2021 Latest Caselaw 5598 Bom

                                                                  20. SA 31-2020 w CAS 950-2019.doc


Shambhavi
N. Shivgan                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
Shambhavi N.
Shivgan                                CIVIL APPELLATE JURISDICTION
Date: 2021.03.24
19:20:59 +0530


                                          Second Appeal No. 31 / 2020
                                                        with
                                         Civil Application No. 950 / 2019


                      Deepak Bhimrao Patil                                   .. Appellant
                               Vs.
                      Bipin Prabhkar Mahajan                                 .. Respondent


                                                       ****

Mr. Mr. Sagar M. Kamble, Advocate for Appellant. Mr. S.S. Kulkarni, Advocate for Respondent.

                                                       ****

                                                CORAM      : SANDEEP K. SHINDE J.
                                                DATE        : 24th MARCH, 2021.

                      P.C. : -

1. Eviction decree passed in August, 2017 by the Court of Civil

Judge, Junior Division, Satara in Regular Civil Suit No. 78 / 2014, was

confirmed in Regular Civil Appeal No. 322 / 2017 dated 25 th

February, 2019.

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20. SA 31-2020 w CAS 950-2019.doc

2. Appellant - Judgment Debtor has filed an Undertaking and

assured that he shall hand over vacant possession of the suit

property to the Respondent - Plaintiff up to 30th December, 2021.

Undertaking is accepted. It is taken on record and marked ' X - 1 '

for identification.

3. Learned Counsel for the Appellant, on instructions undertakes

to file the particulars like names of members of the family, who are

occupying the suit premises alongwith Undertaking of Adult Family

Members, that they shall vacate the suit premises up to 30 th

December, 2021. Same shall be done on or before 9th April, 2021.

4. The eviction decree was passed in August, 2017. Since then,

the Appellant is occupying the suit property without paying any

compensation to the Respondent - Plaintiff. Let, the Appellant pay

reasonable compensation to the Plaintiff, at-least from August, 2017

till December, 2021. On this point, learned Counsel for the Appellant

seeks time to take instructions.

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20. SA 31-2020 w CAS 950-2019.doc

5. Stand over to 9th April, 2021 for further consideration.

                                        (SANDEEP K. SHINDE, J.)




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