1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1153 OF 2010 Uttam Murari Kadam. ....Petitioner vs 1. Smt. Hajira Begum Nisar & 3 ors. ....Respondents ALONGWITH WRIT PETITION NOS.1154 OF 2010 & WRIT PETITION NO. 1155 OF 2010 Mr. P.R. Arjunwadkar for the Petitioners in all the Petitions. Mrs. Neeta Karnik for the Respondent Nos.1 to 3 in all the Petitions. CORAM : S.J. VAZIFDAR, J. DATE : 22ND FEBRUARY, 2010. COMMON ORDER. :- 1. Rule. By consent, Rule is made returnable forthwith and heard finally. 2. I have decided to dispose of these matters finally, though Respondent No.4 has not been served as he will not be affected by this 2 order. Respondent No.3 is present in court. 3. The parties have agreed that no reasons be recorded for the following order: (a) Mrs. Neeta Karnik, the learned counsel appearing on behalf of the Respondent Nos.1 to 3 states that the decree holders will not execute the possession warrant pending the hearing and final disposal of the appeal. (b) The Petitioners shall continue to remain in possession of the said premises as agents of the Court Receiver, but without security or royalty. (c) The Petitioners agree and undertake to this court not to dispose of, alienate, encumber, part with possession of or create any third party right, title and/or interest in to, upon or in respect of the suit premises. It is also so ordered. It is further ordered that the Petitioners shall not even induct any party other than their immediate family members in the suit premises even though they 3 have no right whatsoever in the suit premises. (d) The Petitioners agree and undertake to this court to hand over possession of the premises in the event of their being directed to do so in the appeal, without requiring the decree holders to execute the decree. The undertaking is accepted and it is so ordered. (e) Needless to add that this is without prejudice to the Petitioners’ right to challenge the order and judgment in appeal, if necessary. (f) The appeal Court is requested to accord to this matter priority on the basis of the date on which the original proceedings were filed. (g) Petition is, accordingly, disposed of.