Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Dattatraya Ramkrishna Borlikar (D) ... vs Govind Laxman Mankar (D) Thr. His Lrs on 7 August, 2015

Bench: T.S. Thakur, V. Gopala Gowda, R. Banumathi

                                                       1

         ITEM NO.14                            COURT NO.2                  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)...... of 2015
                                           CC No(s). 13431/2015

         (Arising out of impugned final judgment and order dated 26/03/2015
         in WP No. 2074/1992 passed by the High Court Of Bombay At
         Aurangabad)

         DATTATRAYA RAMKRISHNA BORLIKAR (D) THR. LR.
         VINOD DATTATRAYA BORLIKAR                                         Petitioner(s)

                                                      VERSUS

         GOVIND LAXMAN MANKAR (D) THR. HIS LRS                              Respondent(s)

         (with appln. (s) for c/delay in filing substitution appln. and
         permission to file SLP and substitution and office report)

         Date : 07/08/2015 This petition was called on for hearing today.

         CORAM :
                             HON'BLE MR. JUSTICE T.S. THAKUR
                             HON'BLE MR. JUSTICE V. GOPALA GOWDA
                             HON'BLE MRS. JUSTICE R. BANUMATHI

         For Petitioner(s)                Mr. S.M. Jadhav,Adv.
                                          For M/s. S.M. Jadhav & Company

         For Respondent(s)                Mr. M. Y. Deshmukh,Adv.


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

Heard.

Delay in the filing of the application for substitution is condoned. The substitution prayed for is allowed. Permission to file the special leave petition is granted. Delay condoned. Signature Not Verified Digitally signed by Mahabir Singh

I.As.No.1, 2 and 3 of 2015 are accordingly allowed and Date: 2015.08.07 16:31:16 IST Reason: disposed off.

We see no reason to interfere with the impugned order. The special leave petition is accordingly dismissed. The petitioners are however granted time till 31st July, 2016 to vacate and hand over peaceful possession of the suit premises to the respondents, subject to the following conditions:

(1) The petitioners file individual undertakings on usual terms in this Court within six weeks from today.

(2) The petitioners deposit with the trial court or pay directly to the respondents arrears of rent at the contracted rate upto the date of order passed by the High Court within a period of two months from today.

(3) Compensation for use and occupation at the rate of Rs.4000/- (Rupees four thousand) per month from the date of the order passed by the High Court till the vacation of the premises shall be deposited/paid by the petitioners to the respondents. Arrears of rent shall be deposited/paid within two months from today.

Current deposit shall be made by the 10 th of every succeeding calendar month.

(4) The amount so deposited shall be released in favour of the respondents.

(5) In the event of default or breach of any of the conditions stipulated above the eviction order against the petitioners shall become executable forthwith.

(MAHABIR SINGH)                                           (VEENA KHERA)
 COURT MASTER                                              COURT MASTER