IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 375 of 2005 (M/S) Shri Madan Lal Gulati. ……….. Petitioner Versus Addl. District Judge & others. ………. Respondents Mr. V.K. Kohli, Senior Advocate with Mr. T.C. Pandey, Advocate for the petitioner. Mr. Arvind Vashishth, Advocate for respondents Nos. 3 to 10. Hon’ble V.K. Gupta, C.J. On this writ petition coming up for consideration and hearing, learned counsel for the parties have come to terms. Mr. V.K. Kohli, learned Senior Counsel appearing for the petitioner and Mr. Arvind Vashishth, learned Advocate appearing for the private respondents have both submitted that this writ petition be disposed of as settled and the following agreed order be passed. Mr. Ashutosh Gulati, son of the petitioner, is also present in person. He agrees with the aforesaid arrangement. 1. The impugned Orders & Judgments dated 8th September 1995 passed by respondent No. 2 and dated 23rd March 2005 passed by respondent No. 1, both, are affirmed and upheld. 2. The impugned Decree of Eviction, however, with respect to both the rooms, shall not be executed till 30th September 2009. This is subject to the following conditions. a. The petitioner pays to the private respondents/ deposits in the bank account, use and occupation charges from the month of April 2009 uptill the rooms remain in his occupation at the rate of Rs. 300/- per month. Mr. Arvind Vashishth shall intimate to Mr. V.K. Kohli, the particulars of the bank account where this amount has to be deposited. b. If there is a single default, the Decree shall become executable forthwith. c. The petitioner shall file a Written Undertaking to the aforesaid effect in the Trial Court within three weeks from today. d. Whatever amount has been decreed against the petitioner, shall be paid/ deposited in the bank account within four weeks from today, if not already done. Mr. V.K. Kohli submits that the private respondents have initiated separate proceedings against the petitioner for petitioner’s eviction from the two rooms forming the subject matter of this petition. Even though Mr. Arvind Vashishth does not admit about this and submits that he is not aware of this, he undertakes before me that, if that is a fact, the private respondents shall withdraw such proceedings within four weeks from today. The writ petition stands disposed of. (V.K. Gupta, C.J.) 01.04.2009 G