S.B. CIVIL WRIT PETITIONNO.11112/2009 Abdul Aziz Sheikh Vs. Savitri Devi & Ors. Order dt:20/5/2010 1/2 S.B. CIVIL MISC. WRIT PETITION NO.11112/2009 Abdul Aziz Sheikh Vs. Savitri Devi & Ors. Date of order : 20th May, 2010 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. S.L.Jain, for the petitioner. Mr.Farzand Ali, for the respondents. ------- 1. This writ petition is disposed of as not pressed in view of undertaking of petitioner non-applicant to hand over the peaceful & vacant possession of the suit premises to the respondent- applicant on or before 31.3.2011 with conditions given below. 2. Learned counsel for the petitioner agrees to dispose of this writ petition on the following terms and conditions:- (i) The petitioner non-applicant undertakes to hand- over the vacant and peaceful possession of the suit premises, in dispute to the respondent on or before 31.3.2011. The respondent shall not execute the impugned decree till 31.3.2011. (ii) The petitioner undertakes to pay or deposit the mesne profit at the rate of Rs.700/- per month w.e.f. May, 2010 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondent. (iii) The petitioner further undertakes that he shall not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party S.B. CIVIL WRIT PETITIONNO.11112/2009 Abdul Aziz Sheikh Vs. Savitri Devi & Ors. Order dt:20/5/2010 2/2 interest in the same during the aforesaid period. (iv) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court by 31st May, 2010 and one copy thereof along with affidavit in this Court. (v) Learned counsel for respondent-landlord will give the details of her bank account number in which the arrears or rent or mesne profit, if any, will be deposited, within the period of four weeks from today. 3. It is made clear that in case, the petitioner-tenant does not comply with any of the aforesaid conditions, then it will be open for the respondent landlord to get decree passed in her favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. 4. With the aforesaid terms, conditions and directions, the writ petition is accordingly dismissed as not pressed. [ DR. VINEET KOTHARI ], J. item No.69 baweja/-