1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4630 OF 2010 (Namdeo Motiramji Kalmegh vs. Padmanabh Govind Dharmadhikari) 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, J. OCTOBER 25, 2010. Heard Shri Warulkar, learned counsel for the petitioner. Shri Kavimandal, learned counsel states that he is filing Vakalatnama for the respondent during the course of the day. Upon instructions, Shri Kavimandal, learned counsel states that if all monetary part of decree and other arrears till actual vacation and handing over of possession are cleared by the petitioner – tenant, the respondent – landlord has no objection to grant him time to vacate. Shri Warulkar, learned counsel states that the petitioner – tenant will vacate within six months after clearing all monetary arrears as per impugned judgment and decree. The petitioner to file appropriate undertaking with the Registry of this Court by 22nd November 2010 on this line with an advance copy thereof to the respondent. Subject to filing of such an undertaking and 2 clearing all arrears i.e. monetary part as per impugned judgment, including any property tax or other similar demands, the petitioner is given time of six months to hand over the possession. Accordingly, the petitioner is given time till 30th April 2011 to vacate and handover possession. If the undertaking is not filed, the respondent – landlord will be free to execute decree. It is made clear that payment of arrears / monetary part is without prejudice to the rights of the respondent to institute proceedings for recovery of mesne profits as per impugned judgment and decree. Writ Petition is accordingly disposed of on these lines. No order as to costs. JUDGE *GS.