1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL REVISION APPLICATION NO.134 of 2008 REVISION APPLICATION NO.134 of 2008 REVISION APPLICATION NO.134 of 2008 Jagjivan Jagjivan Jagjivan Narayan Shetty .. Applicant Narayan Shetty .. Applicant Narayan Shetty .. Applicant versus versus versus Mrs Mrs Mrs Hemlata Vijay Shetty.. ..Respondent Hemlata Vijay Shetty.. ..Respondent Hemlata Vijay Shetty.. ..Respondent Mr.Shailendra Mr.Shailendra Mr.Shailendra Kanetkar for Applicant Kanetkar for Applicant Kanetkar for Applicant Mr.K.Y.Mandlik Mr.K.Y.Mandlik Mr.K.Y.Mandlik a/w Mr.Anil Subramaniam for a/w Mr.Anil Subramaniam for a/w Mr.Anil Subramaniam for Respondent Respondent Respondent CORAM CORAM CORAM : J.H.Bhatia, J : J.H.Bhatia, J : J.H.Bhatia, J DATED DATED DATED : : : 20th February, 2008 20th February, 2008 20th February, 2008 P.C. P.C. P.C. 1. 1. 1. After some discussion at the bar and after After some discussion at the bar and after After some discussion at the bar and after obtaining obtaining obtaining instructions from the defendant/revision instructions from the defendant/revision instructions from the defendant/revision applicant, applicant, applicant, learned counsel for the applicant does learned counsel for the applicant does learned counsel for the applicant does not not not want to press the Revision Application and want to press the Revision Application and want to press the Revision Application and with with with the consent of the learned counsel for both the consent of the learned counsel for both the consent of the learned counsel for both the the the parties, Revision Application stands disposed parties, Revision Application stands disposed parties, Revision Application stands disposed of of of with the following directions : with the following directions : with the following directions : (i) (i) (i) the Defendant/Revision the Defendant/Revision the Defendant/Revision Applicant Applicant Applicant shall vacate the suit shall vacate the suit shall vacate the suit premises premises premises by the end of February, by the end of February, by the end of February, 2009 2009 2009 subject to filing an subject to filing an subject to filing an undertaking undertaking undertaking before this Court that before this Court that before this Court that 2 he he he shall remove himself from the shall remove himself from the shall remove himself from the hotel hotel hotel premises and hand over premises and hand over premises and hand over possession possession possession of the same to the of the same to the of the same to the plaintiff plaintiff plaintiff without any objection or without any objection or without any objection or obstruction obstruction obstruction within the stipulated within the stipulated within the stipulated period period period and that he shall not create and that he shall not create and that he shall not create any any any third party interest nor shall third party interest nor shall third party interest nor shall cause cause cause any damage to the premises any damage to the premises any damage to the premises and and and that he shall continue to pay that he shall continue to pay that he shall continue to pay compensation compensation compensation at the same rate at at the same rate at at the same rate at which which which he was paying the licence he was paying the licence he was paying the licence fees fees fees regularly. regularly. regularly. (ii) (ii) (ii) In case the Defendant/Revision In case the Defendant/Revision In case the Defendant/Revision applicant applicant applicant fails to file the fails to file the fails to file the undertaking undertaking undertaking within the stipulated within the stipulated within the stipulated time, time, time, the plaintiff shall be at the plaintiff shall be at the plaintiff shall be at liberty liberty liberty to execute the decree any to execute the decree any to execute the decree any time. time. time. (J.H.Bhatia, (J.H.Bhatia, (J.H.Bhatia, J) J) J)