1. As common question of law and facts arise and are between the same parties with respect to one common suit property both these Civil Revision Applications are heard, decided and disposed of by this common judgment and order.
2. In both these Civil Revision Applications, respective applicants-original judgment debtors have prayed to quash and set aside the impugned order dated 22/03/2005 passed by the learned executing Court-learned 3rd Joint Civil Judge (Senior Division), Vadodara below Exh. 1 in Execution Petition No. 293/2004.
3. Today, when the present Civil Revision Applications are taken up for final hearing, Shri M.B. Gandhi, learned advocate appearing on behalf of the respective applicants-original judgment debtors has stated at the bar, under instructions from the respective clients, that the respective applicants do not press the present Civil Revision Applications and seek permission to withdraw both the Civil Revision Applications. However, has requested to grant reasonable time to the respective applicants atleast up to 30/06/2013 to vacate the suit premises situated at plot no. 39, Shilpi Society, Karelibaug, Vadodara as the respective applicants are likely to get another apartment as per the proposal of the original builder and after renovation of another premises, which might be given to the respective applicants, they will shift there and, therefore, some reasonable time is required. Shri Gandhi, learned advocate appearing on behalf of the respective applicants has stated that necessary undertaking that the applicants and/or their family members, who are staying in the suit premises at plot no. 39, shall vacate the suit premises and handover the possession to respondent no. 1-original plaintiff on or before 30/06/2013 without fail and in the meantime, they shall not transfer, alienate the suit premises in any manner whatsoever and/or create any charge over it and/or make any alteration in the suit premises and/or shall not damage the suit premises, shall be filed within a period of one month from today with a copy to the learned advocate appearing on behalf of respondent no. 1-original plaintiff. He has also stated that the respective applicants and his family members shall handover peaceful and vacant possession of the suit premises situated at plot no. 39, Shilpi Society, Karelibaug, Vadodara on or before 30/06/2013 without fail irrespective of whether the respective applicants may get any other apartment/premises from the original builder or not.
3.1. He has also submitted that the respective applicants may be permitted to withdraw the amount of Rs. 2,17,500/-, which the original plaintiff-judgment creditor has deposited in Execution Petition No. 293/2004 alongwith interest accrued thereon, which may be directed to be paid to the respective applicants by an account payee cheque in the name of Shri Kaushik S Jambusariya.
4. Shri D.J. Bhatt, learned advocate appearing on behalf of respondent no. 1-original plaintiff-judgment creditor has stated at the bar, under instructions from the original plaintiff, that respondent no. 1-original plaintiff has no objection if some reasonable time is granted to the respective applicants to vacate the suit premises and handover vacant possession of the suit premises to the original plaintiffs so as to enable them to shift to another premises.
6. In view of the above, both the Civil Revision Applications are dismissed as withdrawn. In the facts and circumstances of the case and considering the request made by Shri M.B. Gandhi, learned advocate appearing on behalf of the respective applicants-original judgment debtors recorded hereinabove, respective applicants are hereby granted time up to 30/06/2013 to vacate the suit premises and handover the same to the original plaintiff-judgment creditor on condition that the respective applicants shall file an undertaking before this Court within a period of one month from today with a copy to the learned advocate appearing on behalf of respondent no. 1-original plaintiff that they shall handover peaceful and vacant possession of the suit premises situated at plot no. 39, Shilpi Society, Karelibaug, Vadodara on or before 30/06/2013 without fail irrespective of whether the respective applicants may get another premises from the original builder or not and in the meantime, they shall not transfer, alienate, create charge over the suit premises in question and they shall not make any alteration and/or damage the suit premises. It goes without saying that the respective applicants shall be permitted to withdraw the amount of Rs. 2,17,500/- alongwith interest accrued there on, which the original plaintiff-judgment creditor has deposited before the execution Court in Execution Petition No. 293/2004 and the same shall be paid by an account payee cheque in the name of Shri Kaushik S Jambusariya, which shall be for an on behalf of both the applicants. The aforesaid payment shall be made by the learned executing Court at the earliest on production of the certified copy of the present order.
7. With this, the present Civil Revision Applications are dismissed as withdrawn. Rule is discharged in each of the Civil Revision Applications.
(M.R. SHAH, J.) siji