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Supreme Court - Daily Orders

Beena vs Abhay Mahadeo Thipsay on 11 July, 2024

Bench: J.K. Maheshwari, Rajesh Bindal

     ITEM NO.24                             COURT NO.8                SECTION IX

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS


                           SPECIAL LEAVE PETITION (CIVIL) Diary No(s).27111/2024

     (Arising out of impugned final judgment and order dated 12-01-2024
     in WP No. 10744/2018 passed by the High Court of Judicature at
     Bombay)

     BEENA & ANR.                                                      Petitioner(s)

                                                   VERSUS

     ABHAY MAHADEO THIPSAY & ORS.                                      Respondent(s)

     (FOR ADMISSION and I.R. and IA No.134706/2024-CONDONATION OF DELAY
     IN FILING and IA No.134704/2024-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.134705/2024-PERMISSION TO FILE LENGTHY
     LIST OF DATES and IA No.134703/2024-PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 11-07-2024 This petition was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE J.K. MAHESHWARI
                            HON'BLE MR. JUSTICE RAJESH BINDAL

     For Petitioner(s)                Ms. Madhvi Divan, Sr. Adv.
                                      Mr. Chirag M. Shroff, AOR
                                      Mr. Dhananjay Kataria, Adv.
                                      Mr. Sushant Dogra, Adv.

     For Respondent(s)                Mr. Venkatesh Dhond, Sr. Adv.
                                      Mr. Ninad Laud, Adv.
                                      Mr. Rohan Kelkar, Adv.
                                      Mr. Sangramsingh R. Bhonsle, AOR
                                      Mr. Nrupal A Dingankar, Adv.
                                      Ms. Pushkara A Bhonsle, Adv.
                                      Mr. Naman Sherstra, Adv.
                                      Mr. Mahesh Jadhav, Adv.
                                      Mr. Guruprasad Naik, Adv.

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

Signature Not Verified Delay condoned.

Digitally signed by Vijay Kumar Date: 2024.07.12 16:56:19 IST Reason:

We do not find any ground to interfere with the impugned 1 judgment passed by the High Court. The Special Leave Petition is, accordingly, dismissed.

Ms. Madhvi Divan, learned Senior Counsel for the petitioners pray for minimum six months’ time to vacate the suit premises. However, in the facts and circumstances of the case, we direct that the suit premises shall be vacated by the petitioners on or before 15.01.2025 subject to payment of rent and arrears thereof. The petitioners shall hand over the vacant possession of the suit premises to the respondents on or before 15.01.2025 and shall not part with or create third party right therein. The petitioners shall file usual undertaking in this regard within a period of two weeks from today before the Registrar, High Court of Judicature at Bombay. The violation of the terms of undertaking would be treated as non­ compliance of the order of this Court.

Pending interlocutory application(s), if any, is/are disposed of.

(VIJAY KUMAR)                                     (SUDHIR KUMAR SHARMA)
COURT MASTER (SH)                                  COURT MASTER (NSH)




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