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2017 Supreme(SC) 212

JAGDISH SINGH KHEHAR, D. Y. CHANDRACHUD, SANJAY KISHAN KAUL
Dnyandeo Sabaji Naik – Appellant
Versus
Pradnya Prakash Khadekar – Respondent


JUDGMENT :

D.Y. Chandrachud, J.

1. The Special Leave Petitions in the present case arise from three orders of the High Court of Judicature at Bombay in a First Appeal:-

(i) an order dated 22 November 2013 by which a year’s time was granted to the petitioners (in terms as prayed) to vacate the premises which formed the subject matter of a decree for eviction, until 30 November 2014;

(ii) an order dated 2 December 2013 by which the High Court disposed of the First Appeal in terms of the undertaking filed by the petitioners; and

(iii) an order dated 16 June 2015 by which the petition for review has been dismissed. There is a delay of 503 and 522 days respectively in the Special Leave Petitions filed against the orders dated 2 December 2013 and 22 November 2013. Since the petitioners moved the High Court in a petition for review, we condone the delay and having heard counsel, proceed to dispose of the Special Leave Petitions by this judgment.

2. The subject matter of the dispute comprises of commercial premises bearing Shop No.8 A, Bhatia Bhuvan Ground Floor, D.S. Babrekar Marg, Off Gokhale Road (North), Dadar, Mumbai 400 028. The finding of fact (as will be elucidated hereafter) is that the
































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