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Supreme Court - Daily Orders

Vasudha Dyaneshwar Jawalkar vs Nanuben Devshi Gada (Dead) Through Lrs . on 28 November, 2016

Bench: Pinaki Chandra Ghose, Uday Umesh Lalit

     ITEM NO.39                                 COURT NO.7                      SECTION IX
                                      S U P R E M E C O U R T O F           I N D I A
                                              RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) No(s). 33414/2016
     (Arising out of impugned final judgment and order dated 03/08/2016
     in CRP No. 309/2016 passed by the High Court of Bombay)
     VASUDHA DYANESHWAR JAWALKAR                        Petitioner(s)
                                     VERSUS

     NANUBEN DEVSHI GADA AND ORS.                                               Respondent(s)

     (With appln. (s) for deletion of the name of respondent and
     exemption from filing c/c of the impugned judgment and permission
     to urge addl. grounds and interim relief and office report)

     Date: 28/11/2016 This petition was called on for hearing today.

     CORAM :
                                HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE
                                HON'BLE MR. JUSTICE UDAY UMESH LALIT

     For Petitioner(s)
                                             Mr. R.P. Bhatt, Sr. Adv.
                                             Mr. Sudhanshu S. Choudhari,AOR
     For Respondent(s)
                                             Mr. Shyam Divan, Sr. Adv.
                                             Mr. Satyan Vaishnav, Adv.
                                             Rukhmini Bobde, Adv.
                                             Mr. A. Naik, Adv.
                                             Mr. S. Basak, Adv.
                                             M/s. Parekh & Co., AOR

                                 UPON hearing the counsel the Court made the following
                                                    O R D E R

Heard the learned Senior counsel appearing for the petitioner. We see no reason to interfere with the impugned order passed by the High Court of Bombay.

Accordingly, the Special Leave Petition stands dismissed. Consequent upon the dismissal of the Special Leave Petition, pending applications filed in the matter are also disposed of.

However, as prayed for, six months' time is granted to vacate the suit premises subject to filing usual undertaking in the Registry of this Court within a period of one week from today, Signature Not Verified Digitally signed by VISHAL ANAND stating Date: 2016.11.29 16:20:18 IST that the petitioner shall not create any third party Reason: rights, will clear all the rent/dues/occupational charges in the meanwhile and will peacefully vacate the suit premises concerned at the end of six months, without fail.

-2-

As prayed by the learned Senior counsel appearing for the respondents, we direct the petitioner to pay a sum of Rs.2,500/- per month towards occupational charges.

    (VISHAL ANAND)                        (SNEH LATA SHARMA)
     COURT MASTER                            COURT MASTER