: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4628 OF 2009 IN FIRST APPEAL NO.188 OF 2009 Anand Dattaram Govekar & Anr. .. Applicants V/s. Sunder Dattaram Govekar & Ors. .. Respondents Mr. Madhav Jamdar for the Applicants. Mr. H.S.S. Murthy for Respondent No.1. Mr. A.K.J. Panicker for Respondent No.2. Mr. V.R. Datta i/b. Ms. Ashwini Patil for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATED : 22 ND MARCH, 2010. P.C.: 1. This Civil Application has been filed for several reliefs by the applicants. By an order dated 23rd July, 2009, the applicants were directed to occupy Flat No.305 in ‘B’ Wing of the Manorama Co-operative Housing Society Limited, subject to the result of the First Appeal. They were further directed to pay Rs.1,500/- per month as maintenance charges to the Society, which would be routed through the respondents. At the same time, the applicants were directed to pay an additional amount of Rs.5,000/- per month to the respondents, : 2 : during the period they occupied the aforesaid flat. The applicants and the respondents were directed to keep accounts of this amount subject to the result of the First Appeal. An undertaking was also sought from the applicants and all the adults in the family, which was to be submitted to this Court within a week from the date of the order. 2. It appears that the applicants sought an extension of time to vacate the suit premises and to shift into a new premises. That Civil Application was dismissed. Thereafter, the applicants moved the Supreme Court. By its order dated 18th September, 2009, the Supreme Court has directed the applicant to vacate the suit premises within a period of two weeks. Liberty has been granted to the applicants to move an application to reduce the amount of Rs.5,000/- as according to the applicants it was onerous. However, this application was permitted to be filed only after the applicants vacate the existing premises. 3. The present Civil Application has been filed contending that the time to file the undertaking be : 3 : extended. The applicants undertake that they will shift into the Flat No.305, ‘B’ Wing of the Manorama Co-operative Housing Society Limited immediately. The undertaking furnished by the applicants is accepted. 4. Mr. Murthy, the learned Advocate appearing for respondent No.1, states that the key to the aforesaid flat has been handed over today in Court to the learned Advocate for the applicants. He further states that one cupboard belonging to respondent No.1 has been placed in that flat, which will continue to be kept there during the pendency of the First Appeal. This statement of Mr. Murthy is accepted. The cupboard will remain in the premises without prejudice to the rights and contentions of the parties. 5. Any application which the applicants may desire to file regarding reduction of Rs.5,000/- may be filed only after shifting into the aforesaid flat in accordance with the order of the Supreme Court. 6. The applicants have handed over a cheque of Rs.30,000/- which, according to them, is the amount : 4 : payable from 1st October, 2009 to 31st March, 2010. The amount of Rs.1,500/- which is to be paid by the applicants towards the maintenance shall be paid by them, as directed in the order of 23rd July, 2009. However, that maintenance will be paid from today without prejudice to the rights and contentions of the parties. 7. The applicants shall pay the amount of Rs.5,000/- as well as Rs.1,500/- towards maintenance to the respondents by 10th day of each month. 8. The old structure must be vacated within a period of four days from today and the possession shall be handed over to the respondent No.1, who in turn will hand over to the landlord. 9. The Civil Application is disposed of with aforesaid directions.