Bombay High Court
Balika Milind Thakare vs Milind Sitaram Thakare And Ors on 3 May, 2024
Author: Sharmila U. Deshmukh
Bench: Sharmila U. Deshmukh
2024:BHC-AS:20449
904-WP-2791-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2791 OF 2023.
Balika Milind Thakare ...Petitioner.
Versus
Milind Sitaram Thakare and Ors. ...Respondents.
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Mr. Pratik Sabrad a/w. Mr. Sarvesh Deshpande for the Petitioner.
Mr. Sachin Kadam for the Respondent.
Ms. Shilpa Gajare, APP for Respondent-State.
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Coram : Sharmila U. Deshmukh, J.
Date : May 3, 2024.
P. C. :
1. By this petition the challenge was to the judgment dated 23 rd
October 2021 passed by the Appellate Court modifying the order of
the Trial Court dated 30th April 2016 directing the opponent Nos.1 to 5
to pay Rs.4,000/- towards rent to the Applicant.
2. By the impugned order, the order of the Judicial Magistrate
First Class awarding rent was set aside and the opponents were
restrained from evicting the Applicant from the shared household
standing in the name of mother-in-law.
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904-WP-2791-23.doc
3. During the hearing of the proceedings upon instructions of the
parties, this Court was informed that the Petitioner is willing to vacate
the shared household situated at Saraswati Nagar, Scheme No.2, Plot
No.10, situated at Mauje Takli, Vinchur Shivar, Taluka Niphad, District
Nashik standing in name of her mother-in-law in lieu of monthly rent
of Rs.4,000/- to be paid by the opponent Nos.1 to 5 to the Petitioner.
4. Pursuant thereto undertaking of the Petitioner is tendered by
the learned counsel appearing for the Petitioner undertaking that by
24th July 2024 the Petitioner along with her son Soham will vacate the
house and accordingly accept the monthly rent of Rs.4,000/- from her
husband i.e Respondent No.1. The said undertaking has been
notarized before Advocate and Notary at District Nashik. Learned
counsel appearing for the Petitioner identifies the signature of the
Petitioner on the said undertaking.
5. As the undertaking given by the Petitioner-wife is to vacate the
house upon payment of monthly rent of Rs. 4000/-, let an undertaking
be filed by Respondent Nos.1 to 5 undertaking that monthly rent of
Rs.4,000/- will be paid by them to the Petitioner till the order is
modified in the appropriate forum. Undertaking to be filed within a
period of one week from today.
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904-WP-2791-23.doc
6. The statements in the undertakings given by the Petitioner as
well as statements in the undertakings to be filed by Respondent
Nos.1 to 5 are accepted. In view of the undertakings filed, order dated
23rd October 2021 is quashed and set aside and the order of Trial
Court dated 30th April 2016 stands revived.
7. Writ petition is disposed of in the above terms.
[Sharmila U. Deshmukh, J.]
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