IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION SECOND APPEAL NO. 569 OF 2008 SECOND APPEAL NO. 569 OF 2008 SECOND APPEAL NO. 569 OF 2008 Smt. Halima Dawood Panjri ... Appellant Vs. Shri ParadeepAnant Khatavkar & Anr. Respondents Mr. K.K.Jadhav, Advocate, for the appellant. Mr. Dharmendra M. Jioshi, Advocate, for the respondent No.1. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 11th September,2008 DATE: 11th September,2008 DATE: 11th September,2008 P.C. P.C. P.C. 1. The appellant is present along with her Counsel Mr. Jadhav. Mr. Joshi appears for the respondent No.1. After some discussion, and after taking instructions from the appellant by her counsel, both the learned Counsel agree that the Appeal may be disposed of with a direction that the appellant shall hand over possession of the premises to the plaintiffs/respondents by the end of December, 2009. 2. With consent, the Appeal stands disposed of with a direction that the appellant/defendant shall file an undertaking before this Court within 2 weeks from this date that she shall hand over vacant and peaceful possession of the suit premises to the plaintiffs on or before 31.12.2009 and that she shall not induct any third party nor shall create any third party interest in the suit property and shall pay all the arrears of rent at the rate of Rs.250/- per month within 3 months from this date and shall also pay the future rent/occupation charges regularly. Subject to filing the undertaking, the decree passed by the lower Court in favour of the plaintiffs shall not be executed till the end of December 2009. In case the appellant fails to file the undertaking or to clear the arrears of rent, within stipulated period, the plaintiff shall be entitled to execute decree immediately. . The Appeal stands disposed of accordingly 3. As the Appeal itself is disposed of,the C.A.No. 1082 of 2008 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)