1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.865 OF 2002 Arvind S. Mhapsekar & Anr. ..Applicants. V/s. Kishor Pandurang Mantri. ..Respondent. Mr.P.N.Karlekar, for applicants. Mr.Girish Godbole with Mr.M.V.Jain i/b. A.V.Jain for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 10, 2007. DATE : JANUARY 10, 2007. DATE : JANUARY 10, 2007. P.C. : P.C. : P.C. : 1. After hearing counsel for the parties for some time, having regard to the fact situation of the present case, it was suggested to the parties, who are personally present in the court that it would be in the fitness of things to settle the matter amicably. After some deliberation, both sides have agreed that all proceedings pending between them interse in this Court as well as the Small Causes Court do stand terminated on respondent-landlord paying sum of Rs.8 Lakhs to the applicants-tenants towards full and final settlement of all claims interse. 2. Mr.Arvind Mhapsekar, applicant No.1 is 2 personally present in the Court and assures that the understanding recorded herein-before, will be acted upon by him as well as his brother-applicant No.2. He states that he has authority to make that statement on behalf of the applicant No.2. 3. The respondent/landlord who is personally present in the Court, undertakes to deposit Rs.8 Lakhs in this Court on or before 30th June, 2007. 4. The applicants would be entitled to withdraw this amount on making joint application in writing to this court. On such payment being made, the applicants/tenants would be obliged to vacate the premises which are subject matter of this revision as well as the appeal before the Small Causes Court (i.e. entire premises), on or before 31st December, 2007. 5. The applicants/tenants also undertake that in no case they would request for extension of time to vacate on any count, as the time to vacate already granted is for more than reasonable period. 6. The applicant No.1, who is present in Court reiterates the above position and has been explained 3 and has understood the purport of the order passed in open court today in his presence. 7. The applicants/tenants and other occupants staying in the premises alongwith the applicants/tenants who are major shall file usual undertaking within four weeks from today before this Court incorporating the above terms. 8. The applicants through advocate assure that the appeal pending before the Small Causes Court in respect of the premises will be withdrawn after the deposit of Rs.8 Lakhs is made by the landlord in this court as aforesaid. It is agreed between the parties that till such time, they will not proceed with the hearing of the appeal pending before the small causes Court being Appeal No.687 of 2006. 9. Assurance given by both parties in the above terms is accepted. 10. This revision application stands disposed of on the above terms.