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CRA/26/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 26 of 2010
======================================
SHAILENDRA
UMANGLAL PANCHOLI - Applicant
Versus
RAJENDRA
CHIMANLAL MASTER - Opponent
======================================
Appearance :
MR
JITENDRA M PATEL for the Applicants.
MR KINARIWALA FOR MR JOY
MATHEW for the Opponents.
NOTICE NOT RECD BACK for Opponent(s) :
1.2.2,1.2.3
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/04/2010
ORAL
ORDER
1. After
some arguments were made by learned advocates appearing on behalf of
the respective parties, at the outset, Mr.Jitendra Patel, learned
advocate appearing on behalf of the petitioners does not press the
present Civil Revision Application. However, he has requested to
grant some reasonable time to vacate the suit premises on usual
undertaking.
2. Mr.Kinariwala,
learned advocate appearing for Mr.Joy Mathew, learned advocate
appearing on behalf of the respondents, has submitted that on usual
undertaking if the petitioners are granted reasonable time to vacate
the suit premises, the respondents have no objection. It was
suggested by learned advocates appearing on behalf of the respective
parties to grant two to three years time to vacate the suit premises.
3. Considering
the above and in the facts and circumstances of the case, the present
Civil Revision Application is dismissed as not pressed. Considering
the request made by Mr.Jitendra Patel, learned advocate appearing on
behalf of the petitioners to grant reasonable time to vacate the suit
premises on usual undertaking, which is not opposed by Mr.Kinariwala,
learned advocate appearing on behalf of the respondents, the
petitioners are hereby granted time to vacate the suit premises upto
30/06/2012 on usual undertaking, to be filed by the petitioners to
the effect that the petitioners are in exclusive possession of the
suit premises in question and they will hand over peaceful and vacant
possession of the suit property to the respondents herein on or
before 30/06/2012 and in the meantime, they will not transfer and/or
alienate the suit premises in favour of any third party and they
shall pay mesne profit at the rate of Rs.125/- per month till handing
over of the possession of the suit premises and clear the arrears at
the rate of Rs.125/- per month, if any, within a period of 10 days
from today. The aforesaid undertaking shall be filed by the
respective petitioners within a period of two weeks from today with a
copy to learned advocate appearing on behalf of the respondents as
well as copy of the said undertaking shall be produced before the
Trial Court also.
With
this, the present Civil Revision Application is dismissed as not
pressed. Notice is discharged. Interim relief, if any, stands vacated
forthwith.
[M.R.SHAH,J]
*dipti
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