1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.329 OF 2007 Shri Umesh Shrikant Shetye ....Applicant Versus Shri Prabhakar Vishnu Patil & Ors. ....Respondents Shri S. B. Shetye for the Applicant. Shri S. M. Oka for Respondent No.1. CORAM : R. V. MORE, J. DATE : 22nd JUNE, 2009. P.C. : Heard, Mr. Shetye and Mr.Oka, learned Counsel for the respective parties. 2. This is tenant’s Revision arising out of decree of eviction. There is no dispute that the Respondent No.1/Landlord has obtained possession of the suit premises in pursuance of the Trial Court’s decree in the month of August, 2008. 3. The Trial Court by order dated 5th February, 2005 decreed the Respondent No.1’s suit for eviction and the present Applicant/Tenant was directed to pay rent of the suit premises at the rate of Rs.2,000/- p.m. to the Respondent No.1 from institution of the suit till the Respondent No.1 gets possession of the suit premises. Mr. Shetye, therefore, argued only limited question of payment of rent, as per the above directions of the Trial Court. He submitted that rent of the suit premises was Rs.1,000/- and therefore, the Trial 2 Court could not have directed him to pay the rent of Rs.2,000/-. He further submits that an amount of Rs.80,000/- is already deposited in the Trial Court and the Appellate Court towards the arrears of the rent @ Rs.1,000/- p.m.. 4. Mr. Oka, learned Counsel appearing for Respondent No.1, submits that the arrears of the rent @ Rs.2,000/- comes to about Rs. 1,98,000/-. He further submits that the arrears @ Rs.1,000/- would come approximately Rs.99,000/-. He does not dispute that the Applicant has already deposited an amount of Rs.80,000/- in the Lower Court. He after taking instructions from the Respondent No.1 who is present in the Court makes a statement that if the Applicant deposits an amount of Rs.15,000/- over and above an amount of Rs.80,000/- then the same will be accepted towards full and final settlement of the Trial Court’s decree. 5. Mr. Shetye, on the basis of the instructions of the Applicant, undertakes to pay an amount of Rs.15,000/- to the Respondents within a period of two weeks from today. The undertaking is accepted. In the above circumstances, Mr. Oka, submits that nothing survives in the Execution proceedings and he seeks liberty to withdraw the amount of Rs.80,000/- deposited by the Applicant in the Lower Court . 6. The Respondent No.1 is granted liberty to withdraw the amount deposited by the Applicant in the Lower Courts. In the above circumstances, nothing survives in the Revision and the same is disposed of, in the above terms. Office is directed to send the record and proceedings, back to the Trial Court. Sd/- (R. V. MORE, J.)