1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO.327 OF 2009 Smt. Harsha Haresh Modi. ...Appellant. Vs. Vipul Devidas Doctor and ors. ...Respondents. Mr. A.J.Dholkia i/by Mr.S.P. Pandey for the Appellant. Mr.M.W. Padgaonkar for the Respondents. CORAM : R.S. MOHITE, J. DATE : 20TH JULY, 2009 PC : 1. Heard both sides. 2. The present applicant is the original defendant in a suit for eviction. She has admittedly lost possession after decree was passed. Subsequently the plaintiff took out Misc. Notice being M.A.No.433 of 2007 for direction that the defendant remove her articles. It may be stated here that, as per the directions given by this 2 court on 10.4.2008, the present applicant had given an undertaking not to make an application for possession till the appeal is finally heard and disposed off. In such circumstances, appellate court has passed the impugned order directing to remove the articles as mentioned in the inventory dated 3.9.2007 within one month from the date of the order. The order further states that if the applicant fails to do so then articles to be auctioned at the costs of the plaintiffs in accordance with law and the sale proceeds to be deposited in the court. I am informed by the parties that time was extended. Be that as it may, the Advocate for the applicant agrees that he will remove the articles if further extension of three weeks from today is granted. Statement is accepted. In my view, there is no merit in this revision. The the applicant has given an undertaking that she will not ask for possession during the pendency of the appeal. In view of the undertaking, in all fairness, she must remove her articles to enable 3 the plaintiffs to use the premises. It is however, clarified that removal of the articles will be without prejudice to the rights and contentions of the applicant in the application . It is also clarified that if the articles are not removed within the extended period of three weeks, the directions pertaining to the auction as contained in the impugned order will remain. The Advocate appearing on behalf of the applicant made a request that an order be passed prohibiting the plaintiff/respondents from creating any third party right in the suit premises. If the applicant desires any such relief she should approach the appellate court. Subject to these directions, application is disposed off. ( R.S. MOHITE, J.) 4 5 6 7 CORAM : D.K.DESHMUKH & R.S.MOHITE, JJ. DATE : 8TH JUNE, 2009 P.C. . Rule, returnable on 8th June, 2009. 2. Stand over to 8th June, 2009. The learned counsel for the state seeks time. (D.K.DESHMUKH, J.) 8 (R.S.MOHITE, J.)