1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL REVISION APPLICATION NO.133 of 2008 REVISION APPLICATION NO.133 of 2008 REVISION APPLICATION NO.133 of 2008 Shri Shri Shri Balkrishna Shivappa Shetty.. Applicant Balkrishna Shivappa Shetty.. Applicant Balkrishna Shivappa Shetty.. Applicant versus versus versus Shri Shri Shri Mahesh Nenshi Bhakta & ors..Respondents Mahesh Nenshi Bhakta & ors..Respondents Mahesh Nenshi Bhakta & ors..Respondents Mr.A.V.Anturkar Mr.A.V.Anturkar Mr.A.V.Anturkar a/w Mr.S.B.Deshmukh for a/w Mr.S.B.Deshmukh for a/w Mr.S.B.Deshmukh for Applicant Applicant Applicant Mr.D.Madan Mr.D.Madan Mr.D.Madan a/w Ms.Neeta Rajda i.b DSR Associates a/w Ms.Neeta Rajda i.b DSR Associates a/w Ms.Neeta Rajda i.b DSR Associates for for for Respondents Respondents Respondents Applicant Applicant Applicant and Respondent no.2 present and Respondent no.2 present and Respondent no.2 present CORAM CORAM CORAM : J.H.Bhatia, J : J.H.Bhatia, J : J.H.Bhatia, J DATED DATED DATED : : : 20th February, 2008 20th February, 2008 20th February, 2008 P.C. P.C. P.C. The The The applicant and respondent no. 2 are present applicant and respondent no. 2 are present applicant and respondent no. 2 are present personally personally personally alongwith their counsel. alongwith their counsel. alongwith their counsel. 1. 1. 1. After some discussion at the bar, learned After some discussion at the bar, learned After some discussion at the bar, learned counsel counsel counsel for both the parties consented that the for both the parties consented that the for both the parties consented that the Revision Revision Revision Application be disposed of with following Application be disposed of with following Application be disposed of with following directions directions directions without giving any reasons : without giving any reasons : without giving any reasons : (i) (i) (i) Civil Revision Application Civil Revision Application Civil Revision Application stands stands stands rejected. However, the rejected. However, the rejected. However, the applicant applicant applicant i.e. original defendant i.e. original defendant i.e. original defendant no. no. no. 2 is hereby allowed time till 2 is hereby allowed time till 2 is hereby allowed time till the the the end of June, 2008 to vacate the end of June, 2008 to vacate the end of June, 2008 to vacate the 2 premises premises premises subject to the applicant subject to the applicant subject to the applicant filing filing filing an undertaking before this an undertaking before this an undertaking before this Court Court Court within two weeks from today within two weeks from today within two weeks from today that that that he shall vacate the premises he shall vacate the premises he shall vacate the premises within within within the stipulated period the stipulated period the stipulated period without without without any objection or any objection or any objection or obstruction obstruction obstruction and shall not create and shall not create and shall not create any any any third party interest. The third party interest. The third party interest. The plaintiff/respondent plaintiff/respondent plaintiff/respondent no. 1 shall no. 1 shall no. 1 shall give give give statement of arrears to the statement of arrears to the statement of arrears to the Revision-Applicant Revision-Applicant Revision-Applicant within two weeks within two weeks within two weeks and and and he shall clear all the arrears he shall clear all the arrears he shall clear all the arrears of of of rent and the permitted increases rent and the permitted increases rent and the permitted increases within within within two weeks thereafter. In two weeks thereafter. In two weeks thereafter. In case case case the applicant fails to file the applicant fails to file the applicant fails to file the the the undertaking within two weeks, undertaking within two weeks, undertaking within two weeks, the the the decree may be executed any decree may be executed any decree may be executed any time. time. time. (J.H.Bhatia, (J.H.Bhatia, (J.H.Bhatia, J) J) J) 3