1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7144 OF 2009 Smt.Sunita Bhima Gollar .. Petitioner. Vs. Municipal Corporation of Greater Mumbai & Ors. .. Respondents. Mr.Bharat Vaishnava i/b M/s.Bharat Vaishnava & Co. for the petitioner. Mr.J.Reis, Special Counsel a/w R.A.Malandkar and J.Xavier for respondent nos.1 and 2 – BMC. Mr.A.Y.Sakhare, Senior Counsel a/w P.K.Shroff, D.V.Deokar and S.B.Kotak i/b Parimal K.Shroff & Co. for respnodent no.3. CORAM : D.B. BHOSALE, J. DATED : 10TH DECEMBER, 2009 P.C. . Learned counsel for the parties state that the parties have amicably settled the dispute and they have tendered consent terms duly signed by the petitioner and respondent no.3. Insofar as respondent nos.1 and 2 are concerned, their counsel has signed the consent terms for identification. The consent terms are taken on record and marked “X” for identification. The petitioner is present in the court. Learned counsel for the parties have prayed for disposing of the writ petition in terms of the consent terms. Hence I pass the following order: (a) The writ petition is disposed of in terms of the consent terms. The statements made and the undertakings given by the petitioner in the consent terms are accepted. In addition to the undertakings 2 given by the petitioner in the consent terms the petitioner shall file undertakings of all adult members in the family, who are in occupation of the premises, within a period of four weeks from today with an advance copy thereof to the advocates for the respondent. The undertakings that will be filed by the adult members in the petitioner’s family, as aforementioned, are also accepted by this order. If the petitioner fails to furnish the undertakings of the adult members in his family, as aforementioned, within the time stipulated the consent terms shall not operate and in that event, it would be open to respondent nos.1 and 2 to execute the order impugned in the writ petition. (b) The statements made in the consent terms on behalf of respondent no.3 are also accepted. (c) If the petitioner applies for alternate premises to respondent no.1, as stated in paragraph 11 of the consent terms, respondent nos. 1/2 shall consider his application within a period of 12 weeks from today. Learned counsel for the petitioner submits that the petitioner will apply to respondent no.1 within a period of two weeks from today. It is made clear that outcome of the application shall not in any way affect the consent terms or will enable the petitioner to claim any relief against the respondent or to seek extention for vacating the suit premises. (D. B. Bhosale, J.)