:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 86 OF 2008 IN WRIT PETITION NO. 3024 OF 2001 Suman Gulabrao Shirsat ...Petitioner Versus Dilip Gulabrao Sonawane ....Respondent S.G.Deshpande, Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. 18th January, 2008. P.C. P.C. P.C. : : : 1. The office endorsement shows that the copy of the Civil Application is served on the original petitioner. 2. The respondent decree holder has preferred this :2: :2: :2: Civil application requesting for vacating the interim order granted by this court in Writ Petition No. 3024 of 2001. 3. My attention is invited by Mr.Deshpande to the order dated 7.8.2001 passed by this court. This court has while admitting the petition and staying the execution and implementation of the decree for possession, passed an conditional order. Although, an Undertaking is filed, para.6(iii) of the order passed by this court has not been complied with. 4. The petitioner has undertaken to this court to pay the entire arrears of rent and also pay thereafter each month on/or before fifteenth of the same, the monthly rent. The Civil Application specifically sets out that in terms of the Undertaking the amount has been deposited only upto 6th of February, 2002 and thereafter no payment is made. Although, the order passed by this court says that the amount of rent has to be paid to the respondent-landlord, it appears that the petitioner has not been depositing the amount in the Civil Court/Trial Court. Mr.Deshpande, states that :3: :3: :3: no amount is received by the landlord directly either. There is no endorsement in the civil court’s Registry of payment after 6th of February, 2002. 5. In such circumstances, so also,when none appears despite service to deny the allegations and statements in the Civil Application, interest of justice would be subserved, by directing that if the petitioner complies with the order passed by this court and clears off the arrears within a period of 8 weeks from today, so also, makes the payment of rent for the current month, the stay granted by this court will continue. Needless to state, that upon failure of the petitioner to comply with this direction the stay granted by this court shall stand vacated and thereafter the decree holder/respondent before me can execute the decree in accordance with law. 6. Needless to state, that the stay granted to the execution and implementation to the said decree by this court to be continued for a period of 8 weeks, does not prevent the landlord from approaching the executing court for appropriate directions with regard to :4: :4: :4: safeguarding and protecting the suit property in case the same is not occupied by the petitioner tenant. Liberty to apply. sd/- ********