1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.5009 of 2009 (Mr. Norman F.X. Alva v. Vice Admiral Rustan Faramroze Contractor) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri D.V. Chauhan, Advocate for Petitioner. Shri S.V. Manohar with Shri Masood Shareef, Advocates for Respondent. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 16, 2009. Seen the draft minutes of order and the same is taken on record and marked “X” for identification. The said draft minutes of order is signed by the petitioner, his counsel and the counsel for the respondent. The respective counsel state that the judgment of the Appellate Court, i.e. the learned Ad hoc District Judge-1, Nagpur, on 17-9-2009, in Regular Civil Appeal No.690 of 2008 should be modified in terms of the said draft minutes of order. Accordingly, the impugned judgment delivered by the learned Ad hoc District Judge-1, Nagpur, on 17-9-2009 in Regular Civil Appeal No.690 of 2008 is modified and its operative part is substituted by inserting following three clauses 3, 4 and 5 : “3. The petitioner shall vacate and hereby undertakes to vacate the tenanted premises under his occupation situated at ward no.67, house no.665/0+1, Residency Road, Sadar, Nagpur, on or before 15th December, 2010. 2 4. The other family members occupying the premises along with the petitioner would also vacate the house along with the petitioner and shall have no right to continue with the occupation. 5. Till the aforesaid date, the petitioner shall continue to occupy the premises without any hindrance from the respondent or anyone claiming through him.” The writ petition is disposed in above terms. JUDGE pdl.