IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2541 OF 2006 CIVIL APPLICATION NO.2541 OF 2006 CIVIL APPLICATION NO.2541 OF 2006 IN IN IN WRIT PETITION NO.5765 OF 2006 WRIT PETITION NO.5765 OF 2006 WRIT PETITION NO.5765 OF 2006 Union of India ...Appellants/Applicants Union of India ...Appellants/Applicants Union of India ...Appellants/Applicants Vs. Vs. Vs. Smt. Manjushree Jain & Ors. ...Respondents Smt. Manjushree Jain & Ors. ...Respondents Smt. Manjushree Jain & Ors. ...Respondents Mr.A.N.Samant, Advocate for the Appellants/Applicants Mr.A.N.Samant, Advocate for the Appellants/Applicants Mr.A.N.Samant, Advocate for the Appellants/Applicants Mr.S.P.Saxena, Advocate for the Respondents Mr.S.P.Saxena, Advocate for the Respondents Mr.S.P.Saxena, Advocate for the Respondents CORAM: SHRI D.G. DESHPANDE & CORAM: SHRI D.G. DESHPANDE & CORAM: SHRI D.G. DESHPANDE & SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. DATE : 4TH DECEMBER, 2006. DATE : 4TH DECEMBER, 2006. DATE : 4TH DECEMBER, 2006. P.C. P.C. P.C. 1. Heard the learned Advocate for the Union of India 1. Heard the learned Advocate for the Union of India 1. Heard the learned Advocate for the Union of India and the learned Advocate for the Respondents. and the learned Advocate for the Respondents. and the learned Advocate for the Respondents. 2. This application is for vacating the Ex-parte 2. This application is for vacating the Ex-parte 2. This application is for vacating the Ex-parte order dated 31st July, 2006 passed in Writ Petition. order dated 31st July, 2006 passed in Writ Petition. order dated 31st July, 2006 passed in Writ Petition. 3. Admittedly the Writ Petition was filed challenging 3. Admittedly the Writ Petition was filed challenging 3. Admittedly the Writ Petition was filed challenging the exparte order. The Writ Petition filed by the the exparte order. The Writ Petition filed by the the exparte order. The Writ Petition filed by the Petitioner was in respect of the premises to be vacated Petitioner was in respect of the premises to be vacated Petitioner was in respect of the premises to be vacated which was allotted to her during the course of her which was allotted to her during the course of her which was allotted to her during the course of her employment. It is also admitted fact that till those employment. It is also admitted fact that till those employment. It is also admitted fact that till those proceedings achieved and attained final hearing, that proceedings achieved and attained final hearing, that proceedings achieved and attained final hearing, that order was not challenged. However, in addition the order was not challenged. However, in addition the order was not challenged. However, in addition the Petitioner had given undertaking to the lower Court twice Petitioner had given undertaking to the lower Court twice Petitioner had given undertaking to the lower Court twice to vacate the premises firstly within a period of 3 months to vacate the premises firstly within a period of 3 months to vacate the premises firstly within a period of 3 months from the date of order. Then that period was extended by from the date of order. Then that period was extended by from the date of order. Then that period was extended by one month on humanitarian ground. The order of eviction one month on humanitarian ground. The order of eviction one month on humanitarian ground. The order of eviction having become final cannot and is not the subject matter having become final cannot and is not the subject matter having become final cannot and is not the subject matter of the present petition and therefore, prayer for vacating of the present petition and therefore, prayer for vacating of the present petition and therefore, prayer for vacating the premises is to be allowed. The Civil Application is the premises is to be allowed. The Civil Application is the premises is to be allowed. The Civil Application is allowed. The Ex-parte order dated 31st July, 2006 is allowed. The Ex-parte order dated 31st July, 2006 is allowed. The Ex-parte order dated 31st July, 2006 is vacated. vacated. vacated. (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE, J.) (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE, J.) (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE, J.)