1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CAW NO.2251/2010 in Writ Petition No.2520/2010 Smt. Anusayabai Atmaramji Kalal and others Vs. Shri Vijaykumar Shivnarayan Saraiyya Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S. P. Deshpande, Advocate for the petitioners Mr. Kalar, Advocate for the respondent. CORAM: B.P.DHARMADHIKARI, J. DATE :25TH AUGUST, 2010. Heard. It appears from joint statement made by counsel that inadvertently writ petition came to be dismissed in default on 8.7.2010. The matter was adjourned on 7.7.2010 to 15.7.2010. In the circumstances, order dated 8.7.2010 is recalled and the writ petition is restored back to file. Writ Petition No. 2520/2010 1] With the consent of the parties, writ petition is taken up for consideration on merits. 2] The petitioners-tenants have questioned the order dated 5th September, 2009 passed below Exhibit 27 in 2 Small Cause Suit No. 59/2006 whereby his application to permit him to place the written statement on record was rejected. 3] As a result of hearing on 7/7/2010 the petitioners have filed an undertaking dated 6.7.2010 before this Court and by that undertaking he has stated that if his written statement is taken on record, he will abide by adjudication of Small Cause Court and if the suit is decreed he will deliver possession without requiring the respondent/landlord to file any execution proceedings. 4] Mr. Kalar, learned counsel for the respondent has no objection to this arrangement. However, he has stated that undertaking be recorded by this Court in the order. The undertaking has already been recorded in the order in the above paragraph. 5] In view of the undertaking by the petitioners, order dated 5th September, 2009 passed below Exhibit 73 is recalled and the Court of 8th Joint Civil Judge, Junior Division, Amravati is directed to accept his written statement on record and proceed further on merits in accordance with law. The copy of this order shall be produced on record by the said Court. The proceedings in the suit are expedited and the Small Cause Court is directed to dispose of the suit as early as possible and in any case by 31st March, 2011. 3 Rule is made absolute in the above terms. JUDGE Ambulkar.