- 1 - 30-cas-476-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.476 OF 2011 IN CIVIL REVISION APPLICATION NO.450 OF 2010 Shri Anant B. Hublikar (since deceased) through his Legal Heir ­1a­ Smt. Laxmibai A. Hublikar & Others .. Applicants. V/s. Smt. Leelabai H. Pardeshi & Others .. Respondents. Mr. Jaydeep S. Dep, for the Applicants. Mr. Milind Soman i/b. Mr. T. D.Deshmukh, for the Respondents. CORAM: G.S.GODBOLE,J. DATE : 17th OCTOBER, 2011. P.C: 1 Heard Mr. Deo and Mr.Deshmukh. 2 Pursuant to the earlier order dated 26th September, 2011 a fresh undertaking is filed by the Respondent in this C.A. who is Petitioner in C.A. No.450 of 2011. Undertaking is taken on record and marked as “X” for identification. In view of undertaking, the earlier order has been - 2 - 30-cas-476-2011 partly complied with. The learned Advocate for the Respondents also undertakes to file undertaking of Pritam Pardeshi, son of Respondent, on or before,15th November, 2011. Statement accepted. 3 In view of this, so far as grievance of the Applicant is concerned, atleast partly the same is readdress. In so far as the claim made by the third party Smt. Alka Pardeshi is concerned, it is for the Executing Court to deal with that third party and pursuant to the undertaking, Respondent is bound to hand over possession on or before 31st May, 2012. Hence, no further orders are necessary in this Civil Application. 4 It is clarified that if the third party obstructs, that controversy will have to be decided by the Executing Court. It is further clarified that if the undertaking of the son of Respondent is not filed on or before 15th November, 2011, the facility of time to vacate which has been granted, will stand revoke without further reference to the Court and the Applicants will be free to execute the decree. (G.S.GODBOLE,J.)