Shri.Vitthaldas Ranchhoddas ... vs Mrs.Rajanee Pandurang Kawale
2023 Latest Caselaw 2623 Bom

                                                                      907-SA-414-2019.doc


                      Arjun
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                      SECOND APPEAL NO.414 OF 2019
         Digitally
         signed by                                WITH
                                     CIVIL APPLICATION NO.942 OF 2019
         ARJUN
ARJUN    VITTHAL
VITTHAL  KUDHEKAR
KUDHEKAR Date:
         2023.03.18
                                                    IN
         15:59:26
         +0530                        SECOND APPEAL NO.414 OF 2019
                      Shri. Vitthaldas Ranchhoddas Dawada       ...Appellant/
                                                                 Applicant
                              V/s.
                      Mrs. Rajanee Pandurang Kawale             ...Respondent

                      Mr. Girish R. Agrawal, for the Appellant/Applicant.
                      Mr. Tushar N. Sonawane, for the Respondent.

                                            CORAM : MADHAV J. JAMDAR, J.

DATE : 17th MARCH, 2023

P.C.:

1. Mr. Agrawal, learned Advocate appearing for the

Appellant and Mr. Sonawane, learned Advocate appearing for

the Respondent argued the Second Appeal completely on 15th

March, 2023. This Court was not inclined to admit the

Second Appeal as there is no substantial question of law

involved and, therefore, Mr. Agrawal sought time to take

instructions. After taking instructions, he submitted that if,

longer time is granted to vacate the suit premises then, he

has instructions from wife and children of the Appellant to

withdraw the Second Appeal. He submitted that, the

907-SA-414-2019.doc

Appellant for last about two months is on life support system

and, therefore, not in a position to give the instructions.

2. Mr. Sonawane, learned Advocate appearing for the

Respondent in view of above statement of learned Advocate

appearing for the Appellant took instructions and submitted

that if, the Second Appeal is withdrawn then, he has

instructions to agree to grant two years time to the

Appellant to vacate the suit premises. Both the parties also

agreed that the decree of mesne profits be quashed and set

aside by consent. Therefore, both learned Advocates have

tender Minutes of Order which are signed by both the

Advocates as well as by Rohit Vitthaldas Dawada i.e. son of

the Appellant. The said Minutes of Order are taken on record

and marked 'X' for identification.

3. Mr. Agrawal, learned Advocate appearing for the

Appellant also tenders undertakings dated 16th March, 2023

of Rohit Vitthaldas Dawada i.e. son of Appellant, Sanjay

Vitthaldas Dawada i.e. son of Appellant, Sharda Kacharu

Kokane i.e. daughter of Appellant and Nirmala Vitthaldas

Dawada i.e. wife of Appellant. He states that, two daughters

of Appellant namely Rita Bharat Murgeshar and Divya

907-SA-414-2019.doc

Arvind Thakkar will file similar undertakings, within a

period of two weeks from today and he has instructions to

give oral undertakings on their behalf in terms of the

Minutes of Order. The undertakings which are submitted

today are taken on record. The said undertakings are

accepted and marked as 'X1', 'X2', 'X3' & 'X4' for

identification. Undertakings given by Mr. Agrawal, learned

Advocate appearing for the Appellant on behalf of said

daughters of Appellant namely Rita Bharat Murgeshar and

Divya Arvind Thakkar are also accepted.

4. Thus, resultantly the judgment and decree of the

learned Trial Court as well the learned First Appellate Court

is confirmed except clause No.[3] regarding mesne profits

and the Second Appeal is disposed of in terms of the Minutes

of Order. The decree of mesne profits is set aside by consent.

However, it is clarified that if, the Appellant and his family

members or any person claiming through them fails to

vacate the suit premises then, apart from the consequences

as provided in the Minutes of Order, the Respondent is at

liberty to take out proceedings for committing contempt of

this Court for violating undertakings given to this Court.

907-SA-414-2019.doc

5. In view of Minutes of Order and the said undertakings,

the Second Appeal is disposed of in terms of Minutes of

Order.

6. As the Second Appeal is disposed of, nothing survives in

the Civil Application and the same is also disposed.

[MADHAV J. JAMDAR, J.]