CAC.343-09 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 343 OF 2009 IN CIVIL REVISION APPLICATION No. 374 OF 2009 Dilip Dattatraya Sonawane (since deceased represented through LRs.) & Ors. .. Applicants Vs. Mrs. Lilabai M. Oswal & Ors. ..Respondents Mr. G. R. Joshi with Mr. P.M. Mengane, for the Applicants. CORAM : R. C. CHAVAN, J. DATED : JULY 29, 2010. P.C. : 1. This is an application for vacating the order passed by this Court on 17th September, 2009 in Civil Revision Application No. 374 of 2009. 2. The applicants in the said revision application Mrs. Lilabai M. Oswal & Ors. made a statement that they are ready to hand over the suit property admeasuring 5 ft. x 15 ft. area with a frontage of 5 ft. to road to the landlord without prejudice to the rights and contentions of CAC.343-09 - 2 - the parties. In these circumstances, ad-interim stay was granted on the condition that the applicant shall hand over possession of the suit property within a period of one week and subject to further condition that along with possession, the tenant would also hand over NOC regarding erection of a partition wall and also for obtaining permission from any authority for erecting the wall, as required by the law. The learned counsel for the present applicants states that the tenant did not hand over possession of said suit property in spite of orders of this Court. 3. On 4th February, 2010 on behalf of the tenant advocate Mr. Ashok Gade stated that advocate Mr. P. M. Patil was not available to proceed with the matter and sought an adjournment to file affidavit-in- reply to this application. However, till date no such affidavit is filed. Therefore, it is presumed that applicant in revision application i.e. tenant has not handed over possession of 5 ft x 15 ft. strip of land within one week, as agreed, and which was a condition for grant of stay. In this view of the matter, ad-interim order passed on 17th September, 2009 stands vacated. Present civil application is accordingly allowed. Sd/- [R. C. CHAVAN, J.]