1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LPA NO. 367 OF 2009 IN WRIT PETITION NO. 1303 OF 2009 (Abdul Razique s/o Abdul Jabbar vs. Hotel Balbir Inn. Pvt. Limited) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. SEPTEMBER 07, 2009. This Court has today disposed of Letter Patent Appeal Nos.362 of 2009, 363/2009, 364 of 2009 & 383 of 2009 by giving tenants time to vacate till 30th September 2009. Shri Deshpande, learned counsel for the appellant makes a statement that the decree is not executable and MANRJE- 6 of 2008 filed by present respondent – decree holder for correction of decree is without jurisdiction. He states that if this contention of the appellant is kept intact and unprejudiced, the appellant is ready and willing to file similar undertaking to vacate the premises by 30th September 2010 in case the MANRJE proceedings or other proceedings for correction of decree are decided in favour of the respondent. He states that if such proceedings are decided in favour of present appellant, the undertaking in that event will not be binding upon the appellant. Shri Gharote, learned counsel for the 2 respondent, upon instructions, states that the respondent has no objection to the appellant filing conditional undertaking. He also wants to show to us as to how objection regarding jurisdiction being raised is misconceived. MANRJE proceedings are pending before the Competent Court and the issue of jurisdiction or tenability of those proceedings is yet to be decided. We are, therefore, not in a position to appreciate the argument of Shri Gharote at this stage. However, in view of the fair offer made and accepted, we direct the appellant to file an undertaking accordingly as mentioned above. The said undertaking be filed by 22nd September 2009 stating therein that the appellant will hand over the premises to the respondent by 30th September 2010 if the said MANRJE or other proceedings for correction or rectification of decree are decided against the appellant. If those proceedings are decided in favour of the appellant, the undertaking shall not operate. If the undertaking on above lines is filed, the appellant – decree holder shall not execute the decree insofar as it relates to possession till 30th September 2010. In case the undertaking as directed is not filed by 22nd September 2009, the respondent will be free to proceed further with execution in accordance with law. In view of these orders, MANRJE proceedings No. 6 of 2008 are hereby expedited and the Additional 3 Small Causes Court, Nagpur, is directed to decide the same as early as possible and in any case by 31st December 2009. Subject to these directions, the Letter Patent Appeals are disposed of. However, there shall be no order as to costs. JUDGE JUDGE *GS.