- 1 - 918.S.2588.09 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2588 OF 2009 Prakash Gowda ..Plaintiff -Versus- Mohan K. Prabhu & Ors. ..Defendants .......... Mr.Rajendra R. Mishra for the Plaintiff. Mr.Mohan B. Jadhav for Defendant No.1. Mr.Ketan A. Chotani for Defendant Nos. 2 & 3. Mr.Sudhir Mohan Prabhu- Defendant No.2 present. Ms.Leena Sudhir Prabhu-Defendant No.3 present. .......... CORAM : S.J. KATHAWALLA, J. DATE : 4TH MARCH 2011. P.C. 1 Pursuant to the order dated 24th February 2011, defendant nos.2 and 3 are present before the Court. They have informed this Court that they accept that the plaintiff is the owner of the suit flat and that he has allowed them to reside in the suit flat upto 31st December 2011 only on humanitarian grounds. They submit that they will vacate the suit flat on or before 31st December 2011 and shall not seek any extension to continue - 2 - 918.S.2588.09 their stay in the suit flat. They submit that they have already filed an undertaking dated 3rd March 2011 in the court office and the said undertaking is executed by them by their own free will and volition and there is no force, fraud or coercion involved. The above statements/undertakings by defendant nos. 2 and 3 are accepted and the written undertaking dated 3rd March 2011 is also taken on record and accepted. The society-Omkar B-Wing Cooperative Housing Society is directed to accept the maintenance of the suit flat from the plaintiff. The criminal complaints filed by the plaintiff as well as defendant nos.2 and 3 shall not be pressed. The suit is accordingly disposed of. Refund of court fees, if any, as per rules. Notice of Motion No.3631 of 2009 also stands disposed of. [ S.J. KATHAWALLA, J. ] -