1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9081 OF 2007 Shashikant Natwarlal Thakkar .. Petitioner Versus Raman Nayandeo @ Naganmal Bohara and Ors. .. Respondents Mr.Parshurami i/b. A.S.Gaikwad for petitioner. CORAM : S.C.DHARMADHIKARI, J. DATE : 5th March 2007 P.C. . The petition challenges an order passed by the Executing Court in Regular Darkhast No.2 of 2007 dated 4th December 2007. Petitioner is aggrieved by the fact that the decree which has been the subject matter of execution is on the basis that the petitioner hands over vacant and peaceful possession of the residential premises to the decree holder soas to enable him to construct the new building thereon and, 2 thereafter, put the petitioner in possession. Needless to state that the relationship would be that of the landlord and tenant. 2. Grievance of the petitioner is that without undertaking being on record the Court below has proceeded to execute the decree and had directed that possession warrant be issued. When this matter was placed before me, both sides sought time soas to resolve the dispute. The respondents have now filed an affidavit through their constituted attorney - respondent No.5. The said affidavit is filed by respondent No.5 on behalf of himself so also on behalf of respondent Nos. 1 to 4 and the same reads thus:= "3. I say that as per order dated 26/6/2006, I have complied the terms and conditions and to that effect submitted necessary documents before learned Trial Court. Hereto annexed and marked as 3 Exhibit "I" Colly. are the copies of the documents submitted before the Trial Court as per the order dated 26/6/2006". "4. I say that thereafter learned Civil Judge Junior Division, Uran considering proposal submitted by me, pleased to pass the order dated 4/12/2007 which is Exhibited as "B" to the present petition." 3. Annexed to the affidavit is the undertaking which has been filed in the Court of Civil Judge, Junior Division in the above Regular Darkhast. The affidavit clearly sets out the undertaking which has been given with regard to the construction of residential building. The plans are also referred to with all their specifications. The construction is to be made in accordance with the sanctioned plan and the Maharashtra Apartment Ownership Act. The 4 petitioner has been provided alternate accommodation and the details thereof are also provided. This affidavit is filed in this Court and the undertakings which are filed in the trial court so also the specifications and Mr.Parshurami confirms that the petitioner is fully satisfied with this affidavit and the undertaking. Petitioner in turn undertakes to handover vacant and peaceful possession of the tenanted premises on the respondent placing the petitioner in temporary accommodation. Both sides agree that the same would be completed within a period of ten days from today. In other words, the petitioner would hand over vacant and peaceful possession of the existing premises and the respondent would hand over vacant possession of flat no.202 which has been identified as temporary premises. However, undertaking which has been given in the trial court and enclosed to the affidavit is also accepted. Construction be made accordingly. Petition disposed of. 5 (S.C.Dharmadhikari, J)