1 5847.11.wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 5847 OF 2011 Shri. Harishchandra T. Nikam ... Petitioner. V/s. Smt. Anusuya B. Nikam and Anr ... Respondents Mr. P. S. Dani i/b Ajay A. Joshi,for the Petitioner. Mr. Y. S. Bhate,for Respondent No.1 Dwij Mahimtura,for Respondent No.2 CORAM: R.M.BORDE, J. DATED : DECEMBER 22,2011. P.C. : The Writ Petition can be disposed of in view of the undertaking given by the Petitioner-Original Defendant No.1 and the wife of the original Defendant No.1. 2 The Trial Court has passed an order restraining the Defendant No.1 from parting with possession and creating any third party interest in respect of the Suit premises i.e. D/G/B,Room No.203,New Jayphal Wadi, M. P. Mills Compound, Behind Tardeo Police station, Tardeo Road, Mumbai-34. The Defendant No.2 or any persons claiming through him are also restrained by an order of temporary injunction from entering into any type of agreement with Defendant No.1 in 2 5847.11.wp respect of the Suit premises and from allotting any alternate accommodation to Defendant No.1 in lieu of surrendering vacant possession of Suit premises by Defendant No.1 to Defendant No.2. 3 The order passed by the Trial Court has been confirmed by the first appellate court dealing with Miscellaneous Appeal presented by Defendant No.1. In the present Writ Petition, Defendant No.1 has presented an undertaking thereby assuring to hand over the actual possession of room No. 203 i.e Suit Property to Respondent No.1 – original Defendant No.2 within a period of two weeks from today. It is also undertaken by the Defendant that he will not create any third party interest or title in respect of the new room which would be allotted to him by Defendant No.2 in lieu of old premises and will not part with possession of new room till final decision of the Suit. In the L. E. Suit No. 189/232 of 2008 presented by Respondent No.1- original Plaintiff before the Small Causes Court. A separate undertaking has also been given by his wife of Defendant No.1 in whose favour the new room has been allotted by Defendant No.2. The undertaking placed on record by the Defendant No.1 i.e Petitioner herein as well as the wife is accepted. In view of the undertaking placed on record, by the Defendant No.1 and his wife. The impugned order needs to be set aside and same is accordingly set aside. 3 5847.11.wp 4 The Trial Court shall decide the Suit on its own merit and in accordance with the provisions of law expeditiously and preferably within a period of one year from today. 5 It is also made clear that the issue in respect of the validity or otherwise of the agreement in question is specifically kept open and it would be open for the Trial Court to deal with the issue in accordance with the provisions of law. 6 Writ Petition accordingly stands disposed of. (R.M.BORDE, J.)