Bombay High Court
CRA/571/2018 of SHAIKH YUNUS SHAIKH SIKANDAR Vs MOHAMMAD RAFIQUE JAUDDIN KOKANI on 15 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 571 OF 2018 Shaikh Yunus Shaikh Sikandar. …Applicant Vs. Mohammad Rafique Jauddin Kokani. …Respondent Mr. R. M. Haridas i/b. Mr. Pratik B. Rahade for the applicant. Mr.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 571 OF 2018
Shaikh Yunus Shaikh Sikandar.
…Applicant
Vs.
Mohammad Rafique Jauddin Kokani.
…Respondent
Mr. R. M. Haridas i/b. Mr. Pratik B. Rahade for the applicant.
Mr. Shaikh Yunus Shaikh Sikandar, applicant in person.
Mr. Gurudas S. Garwad for the respondent CORAM : GAURI GODSE, J.
DATE :
15th OCTOBER 2026
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ORDER :
1. This civil revision application is filed by the original defendant to challenge the concurrent judgment and decree of eviction passed in Suit No. 182 of 2008 and confirmed in Regular Civil Appeal No. 145 of 2013.
2. Learned counsel for the applicant, on instructions of the applicant who is present in the court, submits that the applicant seeks leave to withdraw the civil revision application with a request to grant longer time to vacate the suit premises. He has tendered an affidavit-cum-undertaking dated 14th October 2026, signed and executed by the
Swapnil
7-CRA-571-2018.docx applicant and the other family members who are occupying the suit premises.
3. Undertaking dated 14th October 2026 is taken on record and marked ‘X’ with today’s date for identification.
4. The undertaking states that the applicant and the person signing the undertaking shall handover the peaceful and vacant possession of the suit premises to the respondent on or before 31st March 2028.
5. Learned counsel for the respondent, on instructions, submits that the respondent has no objection to grant longer time as requested, subject to accepting the undertaking.
6. The
undertakings
recorded
in
the affidavit-cum-undertaking dated 14th October 2026 are accepted as undertakings to this court.
7. In view of the undertaking the applicant is granted time to vacate the suit premises up to 31st March 2028.
8. In view of the undertaking, the impugned judgment and decree for eviction in this civil revision application shall not be executed.
9. In the event possession is not handed over as per the undertaking, the respondent shall be entitled to execute the decree after the time to vacate expires.
10. The civil revision application is disposed of as withdrawn subject to the permission granted as recorded above. [GAURI GODSE, J.]