1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 147 OF 2009 Dilip s/o. Ramlal Gujrathi, R/o. Shivsadan, Infront of Laxmi Mata Mandir, Behind Dena Bank, Aurangabad. ....Applicant. Versus Mrs. Asifa Begum w/o. Khaja Masood, R/o. Juna Bazar, Aurangabad. ....Respondent. Mr. K.M. Babhulgaonkar, Advocate for applicant. Mr. V.I. Thole, Advocate for respondent. CORAM: R.K. DESHPANDE, J. DATED: 5th November, 2009. ORAL ORDER : 1. Shri. K.M. Babhulgaonkar, the learned counsel appearing for the applicant is present and Shri. V. I. Thole, the learned counsel appearing for the respondent sole is also present. The learned counsel for the applicant has filed an undertaking duly signed by the applicant dated 5.11.1009 whereby he has undertaken to vacate the suit premises by the end of May 2010. The said undertaking is taken on record and marked as "X" for identification, which shall form part and parcel of the order of 2 this Court. The learned counsel for the respondent has no objection for the applicant to act upon such undertaking. 2. The learned counsel for the respondent urged that the applicant has not paid rent from the month of January 2009, whereas the learned counsel for the applicant states that his counter claim for an amount of Rs. 5880/- has been allowed and he is entitled to recover the same from the respondent. However, in view of the aforesaid undertaking, both the learned counsel state that the applicant and the respondent waived the monitory claim, to which they are entitled and none of them shall claim it in view of the undertaking. 2. In view of above, the matter stands disposed of with no order as to costs. [R.K. DESHPANDE, J.] ssc/cra147.09