1-WP-3993-2002.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3993 OF 2002 Jayantilal Bhanji Shah … Petitioners and Others vs. Shri Jaswantlal Manilal … Respondents Shah and Others WITH INTERIM APPLICATION NO. 6368 OF 2026 IN WRIT PETITION NO. 3993 OF 2002 Naginchandra Bhanji Shah and Others … Applicants In the matter between Jayantilal Bhanji Shah … Petitioners and Others vs. Shri Jaswantlal Manilal … Respondents Shah and Others WITH CIVIL REVISION APPLICATION NO. 349 OF 2007 Shri Jaswantlal Manilal … Applicant Shah and Others vs. Jayantilal Bhanji Shah … Respondents and Others WITH INTERIM APPLICATION (ST) NO. 25346 OF 2026 IN CIVIL REVISION APPLICATION NO. 349 OF 2007 1/5 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.09.09 11:01:43 +0530 1-WP-3993-2002.docx Nikhil J. Shah … Applicant In the matter between Shri Jaswantlal Manilal … Applicant Shah and Others vs. Jayantilal Bhanji Shah … Respondents and Others Mr.Joel D’souza i/b.Mr. Yatin N.Shah for the Petitioners in WP/3993/2002 and for the Respondents in CRA/349/2007. Mr. Kaustubh Thipsay for the Applicant Nos. 1, 3 and 4. Mr. Nikhil Shah – Applicant No.1A present in CRA. Mr. Rishi Nilesh Shah – Grandson – Respondent No. 4. CORAM : GAURI GODSE, J. DATE : 8th SEPTEMBER 2026 ORDER : Civil Revision Application No.349 of 2007 1. Pursuant to order dated 31st August 2026 necessary affidavit-cum-undertakings are tendered and the same are taken on record. Separate affidavit-cum-undertakings of respondent nos. 1A, 1C, applicant no. 3 and applicant no. 4 is tendered. Applicant no. 2 has expired and Interim Application (St) No. 25346 of 2026 is filed to bring on record 2/5 1-WP-3993-2002.docx his heirs and legal representative as respondents in the civil revision application. 2. Learned counsel for the applicants submits that the heirs were not willing to prosecute the civil revision application. Hence, they were proposed to be added as respondents. However, he has tendered a separate affidavit- cum-undertaking of the heirs and legal representatives of deceased applicant no. 2 who are mentioned as proposed respondents in the interim application. He submits that he has identified the signatures of the said respondents. The affidavit-cum-undertakings of Ms. Amish Kirti Shah and Krutika Bimal Shah is also taken on record. The applicants and the proposed respondents have confirmed that the suit premises is vacated and only applicant no. 1A was in possession. 3. Learned counsel for the applicants submits that applicant no.1A – Nikhil Shah is present in court and he has vacated the suit premises and has handed over the keys of the same to the learned advocate for the respondents in the court. Learned counsel for the respondents confirmed receipt of the keys. 3/5 1-WP-3993-2002.docx 4. In view of the affidavit-cum-undertakings taken on record and handing over of the keys, it is confirmed by the parties that the vacant and peaceful possession of the suit premises is handed over to the respondents by accepting the keys. Mr. Rishi Nilesh Shah who is present in the court, has accepted the keys on behalf of the respondents. 5. The applicants have also handed over the pay order of Rs. 5,00,000/- in the name of respondent no.1 in the civil revision application towards full and final payments towards arrears of rent, compensation and mesne profits, if any. Pay order is accepted by Rishi Nilesh Shah on behalf of the respondents. 6. Learned counsel for the respondents on instructions of the respondents confirm that the said amount is accepted as full and final settlement of all the claims including mesne profits and there are no claims pending against the applicants in respect of the suit premises. 7. In view of the aforesaid Interim Application (St) No. 25346 of 2026 is allowed in terms of prayer clauses (a), (b) and (d). Amendment to be carried out within two weeks. 4/5 1-WP-3993-2002.docx 8. In view of the handing over of possession and the affidavit-cum-undertakings, as recorded in above paragraphs, the civil revision application is disposed of in the aforesaid terms. 9. Considering the eviction decree stands satisfied, as recorded above, nothing survives in the writ petition. Hence, writ petition and pending interim applications are disposed of as infructuous. [GAURI GODSE, J.] 5/5