1 CP-398-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi CONTEMPT PETITION NO. 398 OF 2009 Shri Keshavsinh Dwarkanath Kapadia ... Petitioner vs. Shri Mohanlal Sarchand Shah (Deceased) &Ors. ... Respondents Mr. Rajesh S. Patil,Advocate, for the petitioner. Ms. Punita Arora a/w. Mr. Puneet Arora i/b. Arora & Co.Advocates for the respondent Nos. 1(B), 1(C), 1(E) and 2 to 7. . CORAM: J.H.BHATIA,J. DATE : 4th August, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. On 23.10.2008, the respondent No.1B who was the applicant No.1B in Civil Revision Application No.363/2008, has given an undertaking on behalf of the revision applicants that he shall not create third party interest and shall not induct any third person in the suit premises till the possession of the suit premises is handed over to the respondent. This Contempt Petition was filed contending that the respondents had committed breach of that undertaking by inducting some third person and by changing the user of the premises which was only for residential purpose. 2 CP-398-09.sxw 3. The learned Counsel for the parties admit that the revision application was finally dismissed and even the decree for possession was executed on 6.4.2009 and the petitioner/plaintiff had taken possession of the same. Thus, the decree was executed even long before the present Contempt Petition came to be filed on 8.10.2009. The respondent No.1B Amritlal Mohanlal Shah has field his affidavit dated 31.1.2011 explaining the circumstances and stating that no contempt was committed. Anyhow, in para 20, he has offered unconditional apology for anything done by him in violation or the order. In view of the facts and circumstances, unconditional apology is accepted. No further action needs to be taken. 4. Therefore, Contempt Petition stands dismissed. (J.H.BHATIA,J.)