Bombay High Court
Abdul Karim Yakub Thara vs Shrimati Khurshid Begum Abdul Rahi ... on 29 August, 2018
Author: R.G. Ketkar
Bench: R.G. Ketkar
CRA299_18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.299 OF 2018
WITH
CIVIL APPLICATION NO.400 OF 2018
M/s. Indu Oil & Soap Co. ] Applicant
Vs.
Khurshid Begum Abdul Rahim Attar (decd) ]
through LRs ... Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 296 OF 2018
WITH
CIVIL APPLICATION NO.398 OF 2018
Seth Girdhardas Premji ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 307 OF 2018
WITH
CIVIL APPLICATION NO.409 OF 2018
Yunus Kathawala ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 298 OF 2018
WITH
CIVIL APPLICATION NO.401 OF 2018
M/s. Karachi Copra Mill and another ] Applicants
Vs.
Shrimati Khurshid Begum Abdul Rahim
Attar (since deceased) through LRs ] Respondents
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CRA299_18.doc
ALONG WITH
CIVIL REVISION APPLICATION NO. 295 OF 2018
WITH
CIVIL APPLICATION NO.397 OF 2018
M/s. Gajanan Oil Mill ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 306 OF 2018
WITH
CIVIL APPLICATION NO.408 OF 2018
A. V. Khokawala ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 301 OF 2018
WITH
CIVIL APPLICATION NO.404 OF 2018
M/s. J. I. Traders ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 297 OF 2018
WITH
CIVIL APPLICATION NO.399 OF 2018
Abdul Karim Yakub Thara ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
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ALONG WITH
CIVIL REVISION APPLICATION NO. 302 OF 2018
WITH
CIVIL APPLICATION NO.403 OF 2018
M/s. J. I. Traders ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 304 OF 2018
WITH
CIVIL APPLICATION NO.406 OF 2018
Seth Govindji Joshi Harshankar Joshi, thr. LRs.]
and Representative Chandrika M. Mehta ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 294 OF 2018
WITH
CIVIL APPLICATION NO.396 OF 2018
M/s. J. Ibrahim & Co. ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ... Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 290 OF 2018
WITH
CIVIL APPLICATION NO.392 OF 2018
M/s. Gordhandas Hansraj ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
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ALONG WITH
CIVIL REVISION APPLICATION NO. 293 OF 2018
WITH
CIVIL APPLICATION NO.395 OF 2018
Seth Harkisandas Ratilal Goradia ]
thru. CAO Kausar Ansari ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 292 OF 2018
WITH
CIVIL APPLICATION NO.394 OF 2018
M/s. Taj Barrel Supply & Co. ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 300 OF 2018
WITH
CIVIL APPLICATION NO.402 OF 2018
M/s. Vora Adamji Kadarbhai ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 305 OF 2018
WITH
CIVIL APPLICATION NO.407 OF 2018
Baboo Shetty ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
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ALONG WITH
CIVIL REVISION APPLICATION NO. 303 OF 2018
WITH
CIVIL APPLICATION NO.405 OF 2018
M/s. H. Haroon & Co. ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 291 OF 2018
WITH
CIVIL APPLICATION NO.393 OF 2018
Seth Shamji Mawji ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO. 289 OF 2018
WITH
CIVIL APPLICATION NO.391 OF 2018
M/s. Manilal & Co. ] Applicant
Vs.
Shrimati Khurshid Begum Abdul Rahim ]
Attar (since deceased) through LRs ] Respondents
.....
Ms. Shivani Khanna i/b FZB & Associates, for Applicant.
Mr. A.S. Rao, for Respondents No.3 to 8.
.....
CORAM: R.G. KETKAR, J.
DATE: 29TH AUGUST, 2018.
P.C.:
Heard Ms. Khanna, learned Counsel for the applicant and Mr. Rao, learned Counsel for respondents No.3 to 8.5/6 ::: Uploaded on - 31/08/2018 ::: Downloaded on - 01/09/2018 01:47:01 :::
CRA299_18.doc
2. By order dated 8th August, 2018, Civil Revision Applications were dismissed and on the oral application made for stay of the eviction decree for a period of 8 weeks, eviction decree was stayed subject to the applicants filing undertaking in terms of paragraph 31 within 2 weeks from the date of the order.
3. Ms. Khanna submits that in paragraph 30, it is wrongly recorded that she assures that within 2 weeks, the defendants and all adult family members using the suit premises will furnish undertaking. In fact, she had no instructions to give assurance to this Court.
4. In view thereof, the word "assures" in paragraph 30 stands substituted by the word "states".
5. In paragraph 31 of the order, it was expressly made clear that in case the undertaking is not filed within two weeks from the date of the order, and/or in case defendants commit breach of any of the conditions of the undertaking, respondents will be at liberty to proceed with the matter in accordance with law. As the defendants/applicants have not filed undertaking within the stipulated period, interim order staying eviction decree for a period of 8 weeks stands vacated.
6. Ms. Khanna seeks extension of one weeks time for depositing arrears of rent in respect of those applicants who have not deposited the amount. In view thereof, time to deposit arrears of rent is extended by one week in respect of those applicants who have not deposited. The respondent is at liberty to withdraw the amount so deposited and to be deposited in this Court.
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