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Bombay High Court

KIRAN MANMATH ANAVEKAR SINCE DECEASED THROUGH JYOTI @ CHHAYA KIRAN ANAVEKAR AND ORSversusSHRI SHRIKANT YADNESHWAR SAPRE

Disposal
Disposed Off

Holding

The Court maintained the eviction order but granted the Applicants time to vacate the suit premises by 1 December 2026, staying execution of the warrant of possession.

Summary

The Applicants filed a Civil Revision seeking to quash a 2005 judgment and its 2007 confirmation that ordered their eviction from a suit premises. The Court examined the Applicants' request for a three‑month stay to vacate, their subsequent undertakings to vacate by 1 December 2026, and the death of one applicant. The Respondent, the landlord, accepted the undertakings and was satisfied with the Applicants' compliance. The Court upheld the original eviction order but granted the Applicants time to vacate the premises as per their undertakings. Execution of the warrant of possession was stayed until the vacate date, and the Respondent was allowed to withdraw deposited compensation.

Issues considered

  • The validity of the 2005 judgment and its 2007 confirmation ordering eviction
  • Whether the Court should grant a stay of execution and time to vacate the premises
  • Whether the Applicants' undertakings are sufficient to bind them and affect the execution proceedings

Subjects

  • eviction
  • civil revision
  • possession
  • undertaking
  • stay of execution
  • warrant of possession
  • compensation withdrawal
  • court order

Judgment

                                                                              33-cra-169-2007.docx


VAIBHAV
RAMESH
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
                                          CIRCUIT BENCH AT KOLHAPUR
Date: 2026.09.04
20:29:06 +0530
                                          CIVIL APPELLATE JURISDICTION

                                    CIVIL REVISION APPLICATION NO. 169 OF 2007

                        1. Kiran Manmath Anavekar
                           Since Deceased Thr. L.H.R.

                       1a) Jyoti @ Chhaya Kiran Anavekar
                           R/o. At 2199, A. Ward, Rankala Vesh Kolhapur

                       1b) Kumar Mithilesh @ Onkar Kiran Anavkar
                           age about 7 yrs.
                           Through Minor Guardin Petitioner
                           Nos.1(a) as natural guardian R/o. 2199, A
                           ward, Rankala Vesh Kolhapur

                        2. Anjali Pradeep Pol,
                           Age/35 years, occ : Household

                        3. Janhavi Jayant Shirodkar
                           Age/31 yrs. Occ: Household
                           All R/o. 2199, A Ward, Rankala Vesh,
                           Kolhapur
                                                                          … Applicants
                                        Versus

                            Shrikant Yadneshwar Sapre
                            Age/47 yrs. Occ : Well to do R/o. 2199, A-
                            Ward Rankalavesh Kolhapur
                                                                          … Respondent

                                                    -------

                      Mr. Rahul Walvekar for the Applicants.
                      Mr. Vishwanath Talkute with Mr. Mahesh Bhosale, Sampada Patil
                      and Shivaji K. for the Respondent.

                                                    -------


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                                CORAM       :    ASHWIN D. BHOBE, J.

                                DATED       :    SEPTEMBER 3, 2026

ORAL JUDGEMENT :-


1.       Heard Mr. Rahul Walvekar, learned Advocate for the Applicants, and

Mr. Vishwanath Talkute, learned Advocate for the Respondent.


2.       By this Revision Application, the Applicants have sought the following

reliefs:

        “a)     This Hon’ble Court be pleased to call for record and proceedings and after
        examining the legality and validity thereof, be pleased to quash and set aside
        Judgment and decree dated 6/7/2005 passed by the learned Civil Judge Junior
        Division, Kolhapur, in Regular Civil Suit No.1105/2002 (Exhibit “C” to this Petition)
        as confirmed by the Judgement and decree dated 3/2/2007 passed by learned
        Adhoc District Judge-2, Kolhapur, in Civil Appeal No.295/2005 (Exhibit “E” to this
        Petition).

        b)      This Hon’ble Court be pleased to dismiss Regular Civil Suit No.1105/2002
        filed before the court of learned Civil Judge Junior Division, Kolhapur, with costs
        throughout.”



3.       Reference to the Order/s passed in this Revision Application being

necessary, the same are reproduced hereinbelow:-


      a. Order dated 17th August 2026:-

                  “1. Heard Mr. Rahul Walvekar, learned Advocate for the Applicants and
                  Mr. Vishwanath Talkute, learned Advocate for the Respondent.

                  2. After having heard the matter for sometime, and this Court having
                  shown its disinclination, Mr. Rahul Walvekar, learned Advocate for the
                  Applicants, on instructions from the Applicants, submits that the



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                 Applicants request for three months time to vacate the suit premises. He
                 submits that the Applicants would abide by all the conditions and give an
                 undertaking that they shall vacate the suit premises on or before 1 st
                 November, 2026.
                 3. For the purpose of filing an undertaking, Mr. Rahul Walvekar, learned
                 Advocate for the Applicants, request for listing of the present Application
                 on 20th August, 2026.
                 4. Considering his request, list this matter on 20th August, 2026.”


      b. Order dated 21st August 2026:-

                 “1. Mr. Shantanu Patil, learned Advocate for the Applicants request for
                 time till Monday i.e. 24th August 2026. He seeks leave to file the affidavit
                 undertaking of the Applicants, in the Registry.

                 2.   Leave granted.

                 3. Mr. Shantanu Patil, learned Advocate for the Applicants states that
                 the affidavit will be filed in the Registry today itself.

                 4. At the request of Mr. Shantanu Patil, learned Advocate for the
                 Applicants and by consent of the parties, list on 24th August 2026.”




      c. Order dated 28th August 2026:-

                 “1. Mr. Rahul Walvekar, learned Advocate for the Applicant, requests for
                 time till 01.09.2026 to file Affidavit / Affidavit undertaking of the
                 Applicant, in the Registry of this Court.

                 2. The request made by Mr. Rahul Walvekar, learned Advocate for the
                 Applicant is not opposed by Mr. Vishwanath Talkute, learned Advocate for
                 the Respondent.

                 3. At the request of Mr. Rahul Walvekar, learned Advocate for the
                 Applicant, this matter is adjourned to 03.09.2026.

                 4. Affidavit / Affidavit undertaking of the Applicant be filed in the
                 Registry of this Court on or before 01.09.2026.”



4.      Today, Mr. Rahul Walvekar, learned Advocate for the Applicants,


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submits that Applicant No. 1 has passed away. He further submits that

although the legal heirs have been brought on record, they are not in contact

with the Applicants or with him. On instructions from Applicant Nos. 2 and 3,

he states that the legal representatives of the late Kiran Manmath Anavekar

(Applicant Nos. 1(a) and 1(b)) do not reside in the suit premises and have no

interest or right therein. To clarify, he states that they have not resided in the

suit premises since the filing of this Revision Application.


5.    Mr. Rahul Walvekar, learned Advocate for the Applicants, states that

Applicant Nos. 2 and 3 are present in Court and he identifies them. He

tenders affidavit undertakings dated 20th August 2026 of Anjali Pradeep Pol

(Applicant No. 2), Pradeep Dinkar Pol, the husband of Applicant No. 2,

Jhanavi Jayvant Shirodkar (Applicant No. 3) and Shivtej Jayvant Shirodkar,

the son of Applicant No. 3.


6.    Anjali Pradeep Pol and Jhanavi Jayvant Shirodkar state that the

affidavit undertakings dated 20th August 2026 are filed by them of their own

free will, without any coercion from any person and that the contents are as

per their say. The affidavit undertakings dated 20th August 2026 are taken on

record and marked with          “X” for identification. The contents of the

undertaking (‘X’) are reproduced verbatim:




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                “UNDERTAKING ON BEHALF OF ALL THE APPLICANTS

      I, Anjali Pradeep Pol, adult, Indian inhabitant, being one of the Applicants and
      representing all the Applicants in the above matter, having address at, do
      hereby solemnly affirm and undertake as follows:

      1. I state that I am one of the Applicants in the above Civil Revision Application
      and am competent and authorised to submit this undertaking on behalf of the
      Applicants.

      2. I state that on 17th August, 2026, this Honble Court recorded the submission
      made by the learned Advocate for the Applicants, on instructions from the
      Applicants, that the Applicants sought three months' time to vacate the suit
      premises and would abide by the conditions imposed by this Hon'ble Court.

      3. In compliance with the order dated 17th August, 2026, the Applicants hereby
      undertake that they shall vacate and hand over peaceful, vacant and physical
      possession of the suit premises to the Respondent on or before 1st December,
      2026.

      4. The Applicants undertake that, until they vacate and hand over possession of
      the suit premises, they shall not: a. induct, permit or accommodate any third
      person in the suit premises;

      b. create any tenancy, licence, lease, sub-lease, mortgage, charge, lien or other
      encumbrance in respect of the suit premises;

      c. assign, transfer or part with possession of the suit premises, wholly or partly;
      or

      d. create or claim any third-party right, title, interest of equity in respect of the
      suit property.

      5. The Applicants state and undertake that, as on the date of filing of this
      undertaking, only the following four adults are residing in the suit premises:

      1.Anjali Pradeep Pol

      2. Pradeep Dinkar Pol

      3. Jhanavi Jayvant Shirodkar

      4. Shivtej Jayvant Shirodkar

      6. The Applicants undertake that, until the date on which possession is handed
      over to the Respondent, they shall ensure that no person other than the
      aforesaid four adults is inducted into, permitted to reside in, or given possession
      of any part of the suit premises.




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      7. The Applicants undertake to pay and clear all charges relating to the
      amenities and utilities consumed or payable in respect of the suit premises
      during the period of their occupation, including: a. all outstanding and future
      electricity charges/light bills;

      b. all outstanding and future water charges/water bills; and

      c. all other charges, dues and arrears payable in respect of the amenities and
      utilities of the suit premises.

      8. The Applicants further undertake that all remaining arrears and outstanding
      dues relating to the suit premises upto 1 st of November, including the arrears of
      electricity/light bills, water bills and other amenity or utility charges, shall be
      paid and cleared by the Applicants before handing over possession of the suit
      premises to the Respondent.

      9. The Applicants state that the legal heirs of Applicant no. 1 and other legal
      heirs and Applicants have left the premises long back and are not staying in the
      premises.

      10. The Applicants shall preserve the receipts and payment acknowledgements
      in respect of such payments and shall produce the same before this Hon'ble
      Court or furnish copies thereof to the Respondent, if so directed.

      11. The Applicants undertake to maintain the suit premises in its present
      condition, subject to normal wear and tear, and shall not carry out any
      permanent alteration, addition or structural change therein without the prior
      permission of this Hon'ble Court.

      12. The Applicants further undertake that, at the time of vacating the suit
      premises, they shall remove their personal belongings and hand over the
      premises in a peaceful and reasonably clean condition, together with the
      available keys, meters and other items pertaining to the premises.

      13. The Applicants undertake that they shall not obstruct or cause obstruction
      to the Respondent's lawful rights in respect of the suit property and shall
      comply with all directions passed by this Hon'ble Court in the above
      proceedings.

      14. The Applicants state that this undertaking is voluntarily given to this
      Hon'ble Court and shall be binding upon all the Applicants, their legal
      representatives, heirs, successors and all persons claiming through or under
      them.

      15. The Applicants understand that any breach of this undertaking shall render
      them liable for appropriate action in accordance with law, including
      proceedings for breach of the undertaking given to this Hon'ble Court.


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         16. The Applicants therefore respectfully pray that this Hon' ble Court may be
         pleased to take the present undertaking on record.”



7.    Mr. Rahul Walvekar, learned Advocate for the Applicant, tenders an

affidavit undertaking dated 20th August 2026 of Siddhesh Jaywant Shirodkar,

the son of Applicant No. 3. Mr. Rahul Walvekar, learned Advocate for the

Applicant, states that though Siddhesh Jaywant Shirodkar does not reside in

the suit premises, the Applicant Nos. 2 and 3 intend to place on record the

undertaking of Siddhesh Jaywant Shirodkar. The same is taken on record and

marked with “X-1” for identification. The contents of the undertaking 'X-1'

are reproduced in verbatim:

                   “UNDERTAKING ON BEHALF OF ALL THE APPLICANTS

         I, Siddhesh Jaywant Shirodkar, adult, Indian inhabitant, being one of the
         Applicant in the above matter, having address at, do hereby solemnly affirm and
         undertake as follows:

         1. I state that I am one of the Applicants in the above Civil Revision Application
         and am competent and authorised to submit this undertaking on behalf of the
         Applicants.

         2. I state that on 17th August, 2026, this Hon'ble Court recorded the submission
         made by the learned Advocate for the Applicants, on instructions from the
         Applicants, that the Applicants sought three months' time to vacate the suit
         premises and would abide by the conditions imposed by this Hon'ble Court.

         3. In compliance with the order dated 17th August, 2026, the Applicants hereby
         undertake that they shall vacate and hand over peaceful, vacant and physical
         possession of the suit premises to the Respondent on or before 1 st December,
         2026.

         4. The Applicants undertake that, until they vacate and hand over possession of
         the suit premises, they shall not: a. induct, permit or accommodate any third
         person in the suit premises;



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      b. create any tenancy, licence, lease, sub-lease, mortgage, charge, lien or other
      encumbrance in respect of the suit premises;

      c. assign, transfer or part with possession of the suit premises, wholly Or partly;

      d. create or claim any third-party right, title, interest or equity in respect of the
      suit property.

      5. The Applicants state and undertake that, as on the date of filing of this
      undertaking, only the following four adults are residing in the suit premises:

      1.Anjali Pradeep Pol

      2. Pradeep Dinkar Pol

      3. Jhanavi Jayvant Shirodkar

      4.Shivtej Jayvant Shirodkar

      5. Siddhesh Jaywant Shirodkar

      6. The Applicants undertake that, until the date on which possession is handed
      over to the Respondent, they shall ensure that no person other than the
      aforesaid four adults is inducted into, permitted to reside in, or given possession
      of any part of the suit premises.

      7. The Applicants undertake to pay and clear all charges relating to the
      amenities and utilities consumed or payable in respect of the suit premises
      during the period of their occupation, including: a. all outstanding and future
      electricity charges/light bills;

      b. all outstanding and future water charges/water bills; and

      c. all other charges, dues and arrears payable in respect of the amenities and
      utilities of the suit premises.

      8. The Applicants further undertake that all remaining arrears and outstanding
      dues relating to the suit premises upto 1 st of December, including the arrears of
      electricity/light bills, water bills and other amenity or utility charges, shall be
      paid and cleared by the Applicants before handing over possession of the suit
      premises to the Respondent.

      9. The Applicants state that the legal heirs of Applicant no. 1 and other legal
      heirs and Applicants have left the premises long back and are not staying in the
      premises.

      10. The Applicants shall preserve the receipts and payment acknowledgements
      in respect of such payments and shall produce the same before this Hon'ble
      Court or furnish copies thereof to the Respondent, if so directed.



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         11. The Applicants undertake to maintain the suit premises in its present
         condition, subject to normal wear and tear, and shall not carry out any
         permanent alteration, addition or structural change therein without the prior
         permission of this Hon'ble Court.

         12. The Applicants further undertake that, at the time of vacating the suit
         premises, they shall remove their personal belongings and hand over the
         premises in a peaceful and reasonably clean condition, together with the
         available keys, meters and other items pertaining to the premises.

         13. The Applicants undertake that they shall not obstruct or cause obstruction
         to the Respondent's lawful rights in respect of the suit property and shall
         comply with all directions passed by this Hon'ble Court in the above
         proceedings.

         14. The Applicants state that this undertaking is voluntarily given to this
         Hon'ble Court and shall be binding upon all the Applicants, their legal
         representatives, heirs, successors and all persons claiming through or under
         them.

         15. The Applicants understand that any breach of this undertaking shall render
         them liable for appropriate action in accordance with law, including
         proceedings for breach of the undertaking given to this Hon'ble Court.

         16. The Applicants therefore respectfully pray that this Hon' ble Court may be
         pleased to take the present undertaking on record.”


8.    Mr. Rahul Walvekar, learned Advocate for the Applicants, states that

the Applicants have undertaken to vacate the suit premises on or before 1 st

December 2026. He further states that the statements made by Applicant

Nos. 2 and 3, Pradeep Dinkar Pol, Shivtej Jayvant Shirodkar and Siddhesh

Jaywant Shirodkar, be accepted as undertakings to the Court. The statements

made by the Applicant Nos. 2 and 3 and their family members in the

undertakings “X” and “X-1” are accepted as undertakings to the Court.


9.    Mr. Vishwanath Talkute, learned Advocate for the Respondent



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(Landlord), states that he is satisfied with the undertakings given by

Applicant Nos. 2 and 3 and their family members.


10.   In view of the above, the eviction of the Applicants ordered by the

Judgment and Order dated 06.07.2005 passed by the 3rd Joint Civil Judge,

Junior Division, Kolhapur, in Regular Civil Suit No. 1105 of 2002, is

maintained. Civil Revision Application No. 169 of 2007 is disposed of by

granting time to Applicant Nos. 2 and 3 to vacate the suit premises on or

before 1st December 2026. The Applicants are directed to vacate and hand

over possession of the suit premises to the Respondent on or before 1st

December 2026.


11.   Mr. Vishwanath Talkute, learned Advocate for the Respondent, states

that the Execution proceedings filed by the Respondent are at the stage of

execution of the warrant of possession. He further states that in view of the

disposal of this Revision Application and the undertakings given by the

Applicants, the warrant of possession would remain in abeyance till 1 st

December 2026.


12.   Mr. Vishwanath Talkute, learned Advocate for the Respondent, states

that the Respondent was depositing the compensation in respect of the suit

premises before the Executing Court. He further states that the Respondent is

entitled to withdraw the said amount and will apply for withdrawal. Mr.


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Rahul Walvekar, learned Advocate for the Applicant, hereby gives his no

objection to the withdrawal of the said amount. If the Respondent makes an

Application seeking withdrawal of the said compensation deposited by the

Applicant, the Application be allowed.


13.   Civil Revision Application No. 169 of 2007 is disposed of in the above

terms. No order as to costs.




                                             (ASHWIN D. BHOBE, J.)




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