IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO.216 OF 2009 Ramchandra Bhau Marathe ...Applicant. v. Smt. Shaila M. Naik ...Respondent. Mr. Rahul S. Kate, adv. For the Applicant. Mr.Rakesh D. Dave, adv. For the Respondent. CORAM : J.H. BHATIA, J. DATED : APRIL 7, 2010 P.C. 1 After some discussion at the bar, the learned counsel for the revision applicant after taking instructions from his client, makes a statement that he will not press the revision application and makes a request that the revision applicant may be allowed to retain the possession till 31st December, 2010. The learned counsel for the respondent/landlord has no objection to the same, therefore, with consent of the parties revision application stands disposed off as not pressed with the direction that the decree for eviction shall not be executed till 31st December, 2010 subject to condition that the defendant/revision applicant and all of his adult family members shall file an undertaking before this Court within two weeks with the effect that they shall not induct any third person in the premises nor shall create any third party - 2 - interest in the suit premises and shall hand over the vacant possession of the premises peacefully to the plaintiff/landlord on 31st December, 2010. If there are any arrears of rent/occupation charges, same shall be paid by the revision applicant within one month from this date. If Undertaking is not filed or the if the arrears are not cleared within the stipulated period, plaintiff/respondent shall be at liberty to execute the decree at any time. (J.H. BHATIA,J.) IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO.217 OF 2009 Sonabai R. Marathe Through Power of Attorney Holder Shri Dinesh R. Marathe ...Applicant. v. Smt. Shaila M. Naik ...Respondent. Mr. Rahul S. Kate, adv. For the Applicant. Mr.Rakesh D. Dave, adv. For the Respondent. CORAM : J.H. BHATIA, J. DATED : APRIL 7, 2010 P.C. 1 After some discussion at the bar, the learned counsel for the revision applicant after taking instructions from his client, makes a statement that he will not press the revision application and makes a request that the revision applicants may be allowed to retain the possession till 31st December, 2010. The learned counsel for the respondent/landlord has no objection to the same, therefore, with consent of the parties revision application stands disposed off as not pressed with the direction that the decree for eviction shall not be executed till 31st December, 2010 subject to condition that all legal heirs of the deceased revision applicant/defendant shall file an undertaking before this Court within two weeks with the effect that they shall not induct any - 2 - third person in the premises nor shall create any third party interest in the suit premises and shall hand over the vacant possession of the premises peacefully to the plaintiff/landlord on 31st December, 2010. If there are any arrears of rent/occupation charges, same shall be paid by the revision applicants within one month from this date. If Undertaking is not filed or the if the arrears are not cleared within the stipulated period, plaintiff/respondent shall be at liberty to execute the decree at any time. (J.H. BHATIA,J.)