1 12 caf.959.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 959 OF 2010 IN FIRST APPEAL NO. 432 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Sunil Jayakar i/b Mr.Miheer Jayakar for the Applicant. Mr. S.P.Shetye i/b Mr.P.G.Karande for the Respondent. CORAM : A.S.OKA, J. DATE : 15 th July, 2011. P.C. . Heard the learned counsel appearing for the parties. 2 This is an application for stay of execution of the decree for specific performance of agreement for sale in respect of the suit flat. The appeal has been admitted for final hearing. 3 Admittedly, the Applicant – defendant has inducted a licensee by name Mr.Sayyed Vakir Rehman in the suit flat. An affidavit-cum-undertaking dated 6 th 2 12 caf.959.10 July, 2011 of the said Mr.S.V.Rehman is taken on record and marked ‘X’ for identification. The said licensee has given various undertakings including the undertaking to vacate the suit flat on or before 8 th October, 2011. 4 As the appeal has been admitted for final hearing, in view of the aforesaid affidavit, stay will have to be granted subject to conditions. 5 Hence, I pass the following order: i. Till the disposal of the appeal, there will be stay of execution and operation of the clauses (2) to (4) of the operative part of the impugned decree ; ii. The undertakings of Mr.S.V.Rehman contained in the affidavit dated 6 th July, 2011 are accepted ; iii. After the said licensee hands over the possession of the suit flat to the Applicant, the Applicant shall not create any third party rights and shall not part with possession of the suit flat 3 12 caf.959.10 till the final disposal of the appeal without prior permission of this Court ; iv. After the licensee vacates the suit flat, the Applicant shall file an affidavit to that effect in this Court and shall serve copy of the said affidavit to the advocate for the Respondent ; v. Civil Application is disposed of on above terms. [ A.S.OKA, J ]