https://www.taxtmi.com/caselaws?id=295704 An unconditional undertaking to vacate premises does not by itself bar a challenge under Article 136 when given as a condition for stay, but the surrounding conduct may show abuse of process. Here, the petitioners used repeated extension requests and a review petition to delay vacating, indicating acceptance of the eviction result rather than a bona fide challenge. The Court also noted that the concurrent finding that the premises were given on a conducting basis, and not as a tenancy, left no basis to disturb the eviction outcome. The litigation was treated as frivolous and abusive, warranting exemplary costs. en-us Wed, 01 Mar 2017 00:00:00 +0530 Fri, 23 Dec 2022 11:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295704 An unconditional undertaking to vacate premises does not by itself bar a challenge under Article 136 when given as a condition for stay, but the surrounding conduct may show abuse of process. Here, the petitioners used repeated extension requests and a review petition to delay vacating, indicating acceptance of the eviction result rather than a bona fide challenge. The Court also noted that the concurrent finding that the premises were given on a conducting basis, and not as a tenancy, left no basis to disturb the eviction outcome. The litigation was treated as frivolous and abusive, warranting exemplary costs. Case-Laws Indian Laws Wed, 01 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295704