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 WRIT PETITION NO.8198 OF 2008 Smt.Vimalbai Shaligram Borse & Ors. ..Petitioners. V/s. Masjid Ahilydhish, Mosumpool through its Trustees. & Ors. ..Respondents. Mr.S.K.Shinde for petitioners. Mr.N.R.Bubna for Respondent Nos.1 to 6. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 2, 2009. DATE : FEBRUARY 2, 2009. DATE : FEBRUARY 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. After argument were heard for some time Counsel for the Petitioners requests the Court to keep back the matter for taking instructions from his client. 3. After lunch break matter is called out. Counsel for the Petitioners states on instruction that the Petitioners will not press this Petition, provided sufficient time to vacate the suit premises is granted. Counsel for the Respondents has no objection to give reasonable time, but opposed 2 granting one year’s time, as prayed by the Petitioners. Nevertheless, in my opinion, indulgence can be shown to the Petitioners, having regard to the fact that she is the widow of the tenant and is conducting business in the suit premises, which is her only livelihood as claimed by her. 4. In the circumstances, it is ordered that the Petitioners shall hand over vacant and peaceful possession of the suit premises on or before 31st December, 2009. They shall file usual undertaking before this Court within three weeks from today to this effect. Besides, the Petitioners shall pay all the outstanding dues directly to the Respondents in respect of the suit premises, if any, within two weeks from today. Failing to comply with any of the above condition, protection given the Petitioners shall stand vacated forthwith. In addition, Petitioner, filing her own affidavit, shall file affidavit of usual undertaking of all adult member in her family or any other person, who was associated sf with the business conducted from the suit premises. 5. The above indulgence is shown to the Petitioners on condition that the Petitioners shall presently pay sum of Rs.2,000/- per month towards 3 monthly compensation in respect of the suit premises. The amount shall be paid with effect from 1st January, 2009. First instalment towards compensation for the month of January, 2009 shall be paid to the Respondents on or before 10th February, 2009 and future monthly payments be made on or before 5th of successive English calender month. Failure to comply with this condition shall also result in recalling of the protection given to the Petitioners under this order forthwith without reference to the Court. 6. It is made clear that the amount mentioned towards compensation under this order will not preclude the Respondents/landlord from pursuing remedy of mesne profit against the Petitioners in the said proceedings, if available. All questions in that behalf are left open. Indeed, the concerned Court shall give adjustment of the amount, to be paid by the Petitioners in terms of this order, if the mesne profit amount payable is in excess thereof. 7. Petition is allowed to be withdrawn on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)