1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6463 OF 2007 Smt.Rukmini Guru Rajadar Machale. ...Petitioner. vs. Papabhai Raheman Shaikh. ...Respondent. --- Mr.A.V.Anturkar, for Petitioner. Mr.P.J.Shinde, for Respondent. --- CORAM: D.K.DESHMUKH, J. DATED: 11th JANUARY,2008. P.C.:- By consent of parties the writ petition is disposed of in the following terms:- 1. The order impugned in the petition is set aside. 2 2. The Executing Court viz. Joint Civil Judge, Jr. Division, Phaltan, is directed to hold an inquiry to find out whether premises admeasuring 10 ft X 12 ft. on the ground floor of the building constructed by the petitioner is available and can be used in accordance with the Building Regulations for commercial purpose. For that purpose the learned Civil Judge shall permit both the parties to lead evidence both documentary and oral. 3. In case, the learned Civil Judge finds that premises admeasuring 10 ft X 12 ft on the ground floor of the building are available and under the Building Regulations it can be used for commercial purpose, the Civil Judge, Jr. Division shall make an order for handing over possession of that premises to the respondent as tenant thereon, and thereafter, the respondent shall hold that premises as tenant thereof on the terms and conditions which are mentioned in the consent decree. 4. In case, the learned Civil Judge finds that there are no such premises which can be allotted to 3 the respondent, then within a period of four weeks of the learned Civil Judge passing that order, the petitioner shall deposit an amount of Rs.1,00,000/- (Rupees One lakhs only) in the Court of Civil Judge, Jr. Division, Phaltan with due intimation to the respondent and the learned Civil Judge shall permit the respondent to withdraw such amount. 5. Either on delivery of possession or on withdrawal of Rs.1,00,000/- (Rupees one lakhs only) by the respondent, the decree shall be marked as satisfied. 6. It is clarified that during the course of inquiry, the learned Civil Judge has to find out whether the premises can be use for commercial purpose and the tenancy that is created in favour of the respondent is also for commercial purpose. Petition is disposed of. ---