Hanmant Kisan Karande vs Anusaya H. Barge (Deceased ...
2023 Latest Caselaw 1066 Bom

                                                                                          88-sa-272-2022.doc
      Pallavi


           Digitally signed
           by PALLAVI
                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2023.02.01
           19:59:15
           +0530

                                                    SECOND APPEAL NO.272 OF 2022
                                                                WITH
                                                 INTERIM APPLICATION NO.1909 OF 2022

                              Hanmant Kisan Karande                                ...Appellant/Applicant
                                  Versus
                              Anusaya Hanmantrao Barge & Ors.                      ...Respondents


                              Mr. Prabhanjan B. Gujar, for the Appellant/Applicant.
                              Mr. R.C. Barge for the Respondent Nos.2 to 5.

                                                               CORAM : MADHAV J. JAMDAR, J.

DATE : 1st FEBRUARY 2023

P.C. :

1. Heard Mr. Gujar, learned counsel for the Appellant and Mr.

Barge, learned counsel appearing for the Respondent Nos.2 to 5.

2. The admitted position is that open plot is let out to the father

of the defendants and he has constructed Tin shed over the same.

Both the Courts have concurrently held that the plaintiffs have duly

terminated the lease and therefore, entitled to possession of the suit

property.

3. Mr. Gujar, after taking instructions made a statement that the

Appellant is accepting the Judgment and Decree passed by the

88-sa-272-2022.doc Pallavi

learned Trial Court as confirmed by the learned First Appellate Court.

His only request is that the Appellant be granted eight months time to

vacate the suit premises. The learned Advocate of the Appellant has

filed undertaking dated 28th January 2023 of Hanmant K. Karande

i.e. the Appellant, Nirmala H. Karande i.e. wife of the Appellant,

Aashish H. Karande i.e. son of the Appellant and Shakuntala A.

Shikhare, Respondent No.6 i.e. sister of the Appellant. In the

undertaking, it has been stated that the Appellant - Hanmant

Karande is in possession of the suit property along with his wife

Nirmala H. Karande and his son Aashish. In the undertaking, they

have stated that they will vacate the suit premises on or before 30 th

September 2023 and hand over vacant and peaceful possession of the

same to the Respondent Nos.2 to 5. They have further stated that for

the period of 1st February 2023 till 30th September 2023 they will pay

rent @ Rs.2,000/- pm. Sister of Appellant i.e. Shakuntala A. Shikhare

who is also the Respondent No.6 has stated that she is not in

possession of the suit premises. In all these undertakings, it is

mentioned that they will not create third party interest with respect

to the suit premises. The undertakings filed by the Appellant

Hanmant K. Karande, his wife Nirmala H. Karande, his son Aashish

88-sa-272-2022.doc Pallavi

Karande and his sister Shakuntala A. Shikhare are accepted.

4. Second Appeal is dismissed as there is no substantial question

of law involved in the Second Appeal in view of the concurrent

finding recorded by both the Courts. However, the Appellant is

granted time to vacate till 30th September 2023 in view of

undertakings given by the Appellant and his family members.

5. It is clarified that if the Appellant and the aforesaid persons fail

to vacate the suit premises on or before 30 th September 2023 then

Respondent Nos.2 to 5 are at liberty to file an application in the

Executing Court seeking appointment of Court Receiver and then in

that case immediately, the learned Executing Court to appoint the

Court Receiver and to get forcible possession from the Appellant and

these persons even by providing police protection. This direction is

issued in addition to the other steps which the Appellant may initiate

against Appellant and aforesaid persons including seeking action for

violating the undertakings given to this Court and for committing

contempt of this Court.

6. Second Appeal is disposed of in above terms with no order as

to costs.

[MADHAV J. JAMDAR, J.]