1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CIVIL APPLICATION NO.826 OF 2011. IN M.C.A.STAMP NO.10692 OF 2011. IN LETERS PATENT APPEAL NO.134 OF 2011. IN WRIT PETITION NO.318 OF 2011 (D) MANISH S/O MAHIPAL NAGPURE VS PUSHPAK NIPANE AND OTHERS. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Manish Mahilal Nagpure in person. Shri R. M. Sharma, Advocate for respondents. Coram : A.H. JOSHI AND A.P. BHANGALE, JJ. Date : 11th AUGUST 2011. 1. Parties have appeared and prayed for taking the case on board. Permission was granted for circulating the case. 2. Party in person has requested for leave to correct the undertaking on oath. Correction as agreed by the respondent is carried out. 2 3. We now proceed to sign the ordr which was dictated on 8-8-2011 as herein below. 4. This application is filed by Manish S/o Mahilal Nagpure party in person. His prayer is for recalling order passed by this Court on 29-3-2011. By the said order this Court had dismissed the Letters Patent Appeal and granted oral request of the learned Advocate Mr. C. S. Kaptan who was representing the appellant for permitting him to continue to occupy the suit shop block premises. 5. The applicant's contention is that he did not understand what order was passed and that he had never instructed his Lawyer to concede for vacating the premises within three months. 6. The present application was heard from time to time and it was brought to the notice of the applicant that an Advocate duly engaged, possesses the authority of the litigant to represent him and to do all acts which are in the best interest of the client. 7. After taking some time, the applicant 3 orally represented that if he would be given some more time, he would voluntarily vacate the premises. Accordingly, he was granted time to file affidavit if he chooses. 8. The applicant has filed affidavit which is at I.W. No.7687 of 2011. In this affidavit, the applicant states that he undertakes to vacate the premises within six months for which permission to occupy the shop for 6 months be granted. We are not satisfied with this undertaking and on his request, we had again granted him time to file fresh affidavit. 9. Today at 4.30 p.m., party in person has appeared and tendered one more affidavit which contains an undertaking that even if he does not get alternate premises, he would vacate the premises on or before 8th October, 2011 without any demur and shall vacate the shop peacefully. 10. We asked the party in person to express amount of compensation he would pay to the landlord for the said period of extended occupation for two months commencing from today till 8-10-2011, the applicant in person has stated that he would pay 4 Rs.10,000/- per month. The applicant in person shall make the said payment by depositing it in the Execution proceedings within one week from today. 11. We accept the undertaking to vacate and to pay compensation @ Rs.10,000/- per month and we are satisfied that time granted by this Court for voluntary eviction incorporated in this Court's order dated 29-3-2011, be enlarged as prayed. 12. In view of the undertaking given today, which we have accepted, the party in person states that he does not press the Misc. Civil Application Stamp No.10692 of 2011 (for review). 13. We put then applicant to notice that since the extension of time is granted on the basis of affidavit filed by the applicant, failure to adhere to it will not only entail action in accordance with law, but will also entail an action by way of contempt of this Court. We, therefore, pass following order: (a) Petitioner is permitted to deposit Rs.10,000/- per month i.e. Rs.20,000/- in the Trial Court within one week from today towards compensation for his occupation of 5 shop till 8-10-2011. (b) Time is granted by this Court for voluntary eviction incorporated in this Court's order dated 29-3-2011 is enlarged commencing from today till 8-10-2011, subject to deposit of amount as permitted in order clause (a). (c) We put the applicant to notice that since the extension of time is granted on the basis of affidavit filed by the applicant, failure to adhere to it will not only entail action in accordance with law, but will also entail an action by way of contempt of this Court. (d) No costs. Judge Judge |mule|