1 ao37.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order No. 37 of 2011 With Civil Application No. 45 of 2011 in AO 37/2011 Pralhad Balkrishna Kulkarni ...Appellant v/s. Veermata Jijabai Technological Institute ..Respondents Uday P. Warunjikar for the appellant. Mr. A.M. Kulkarni advocate for respondents 1 and 2. CORAM:- B.R. GAVAI, J DATED :- JANUARY 18, 2011. P.C. The Appeal challenges the order dated 9th December, 2010 vide which the Notice of Motion No. 2058/2010 in S.C. Suit No. 1976/2010 came to be dismissed. The Appellant-Plaintiff who at the relevant time was working as a Rector with Respondent VJTI was allotted a residential accommodation by the Respondent No. 1. It appears that subsequently he was transferred to some other hostel and asked to shift to other accommodation. However, 2 ao37.11.sxw it seems that since the Appellant-plaintiff did not vacate the premises, notice for eviction was issued tho him. Challenging the same the suit has been filed. Alongwith that the suit for temporary injunction under Order 39 Rule 1 and 2 was also filed. The same is rejected. Hence, the present Appeal. 2. When the Appeal was heard on earlier dates, it was submitted on behalf of the Appellants that Appellant so also the Appellant’s mother are suffering from various ailments and are taking treatment. 3. Taking into consideration this aspect of the matter, Shri Kulkarni – Learned Counsel appearing on behalf of the Respondent was requested to take instructions from the Respondents as to whether the Appellant could be accommodated. This was particularly so, as it was pointed out to the Court that the Appellant is only having two years remaining service. 4. Shri Kulkarni, Learned Counsel has on the earlier occasion stated that it is not possible to permit the Appellant to retain the present accommodation inasmuch as the said building has been converted into the ladies hostel and premises are required for lady Rector. He, however, has 3 ao37.11.sxw prevailed upon his clients to see to it that the Petitioner is accommodated for sometime. Shri Kulkarni for the Respondent No. 1 has fairly stated that in the event the Appellant is willing to shift to Bandra premises, they would permit him to retain the quarter for remaining term. However, it is submitted that in the event the Appellant wants to shift to an alternate accommodation in the campus itself, the same can be made available only till end of May inasmuch as the said accommodation is earmarked for guest room for housing the parents of the students. 5. Shri Warunjikar, Learned Counsel appearing on behalf of the Appellant on instructions states that the Appellant would prefer to stay in the campus till May end and would thereafter vacate the premises. I find that the Respondent No. 1 has acted in a fair manner. 6. The Appeal, therefore, is disposed of by directing the Respondent No. 1 to provide an alternate accommodation to the Petitioner i.e. two rooms in D Bolck. Shri Uadykumar Wamanrao Deshmukh – Officer instructing Shri Kulkarni is personally present in Court and he states that on 21st January, 2011 alternate accommodation would be provided to the Appellant. On such accommodation being provided, the Appellant shall forthwith vacate 4 ao37.11.sxw the present premises in his occupation. The Appellant shall vacate the alternative premises provided to him by 31st May, 2011. The Appellant shall also file an undertaking to this Court within a period of one week from today stating therein that the Appellant shall hand over vacant and peaceful possession of the alternate accommodation provided to him by 31st May, 2011 to the Respondent No. 1. 7. It is made clear that in the event no such undertaking is filed within a period of one week from today, the present Appeal shall stand dismissed without further reference to the Court. 8. The Appeal is disposed of in the aforesaid terms with no order as to costs. 9. In view of order passed in the Appeal, no orders are necessary in the Civil Application No. 45/2011. The same is disposed of accordingly. (B.R. GAVAI, J)