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1989 Supreme(Bom) 54

A.C.AGARWAL
Shamkant Tukaram Naik – Appellant
Versus
Dayanabai Shamsan Dighodkar (Smt. ) – Respondent


JUDGMENT - ASHOK AGARWAL, J.:---By this petition the petitioner seeks action against respondents Nos. 1, 2 and 2-A under the Contempt of Courts Act for having committed wilful breach of the undertaking dated the 26th November, 1986 given by respondent No. 1 to this Court in Writ Petition No. 4805 of 1985.

2. The petitioner being the landlord of a one room premises admeasuring about 18ft. x 13 ft had filed Suit No. 61 of 1976 against respondent No. 1 under the Rent Act for possession. By a judgment and decree dated the 13th September, 1982 a decree for possession was passed against respondent No. 1. She challenged the said decree by filing Appeal No. 151 of 1982, but that appeal was dismissed on the 21st September, 1985. Being aggrieved, she preferred in this Court Writ Petition No. 4805 of 1985 and that petition met the same fate and was rejected on the 7th November, 1985. However, time to vacate the suit premises was granted up to 6th December, 1986 on her giving an undertaking which she gave on the 26th November, 1986. By this undertaking she stated that she was residing in the suit premises and she undertook to this Court to quit and vacate the suit premises and and deliver vaca





















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