Case Note & Summary
The petitioner, Mrs. Kusum Kapur, had filed a writ petition which was disposed of on 23/3/2005, granting her three months' time to vacate the suit premises. That time was set to expire on 9/7/2005. The petitioner then filed Civil Application No. 1480 of 2005 seeking a further extension of three months to vacate. The learned counsel for the petitioner stated that notice had been given to Ms. Ranjana Parikh, Advocate for respondent 1, and to the Official Liquidator. The representative of the Official Liquidator was present. However, Ms. Parikh was absent. The court noted that the earlier order had granted three months' time, which was about to expire. The court considered the request and, in the interest of justice, extended the time to vacate by three months from 9/7/2005, subject to the petitioner filing an undertaking within two weeks to vacate peacefully and pay costs of Rs. 2,000 to the respondent. The court also directed that if the petitioner fails to file the undertaking, the extension would stand revoked. The application was disposed of accordingly.
Headnote
A) Civil Procedure - Time Extension - Vacation of Suit Premises - Discretion of Court - Petitioner sought extension of time to vacate suit premises after earlier order granted three months - Court extended time by three months on condition of filing undertaking and payment of costs - Held that extension can be granted when petitioner shows need and no prejudice is caused to respondent (Paras 1-3).
Issue of Consideration
Whether the time granted to the petitioner to vacate the suit premises should be extended by three months.
Final Decision
Time to vacate suit premises extended by three months from 9/7/2005 subject to petitioner filing an undertaking within two weeks to vacate peacefully and pay costs of Rs. 2,000 to the respondent. If undertaking not filed, extension stands revoked. Application disposed of.
Law Points
- Time extension for vacating suit premises
- discretion of court to grant extension
- no prejudice to respondent
