1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION CIVIL REVISION APPLICATION NO. 629 OF 2011 Ashok Wagh & Others ...Applicants Versus Mehboob Bagwan ...Respondent Mr.Anand S. Kulkarni for the Applicant Mr.Ajay A. Joshi for the Respondent. CORAM:- R.Y.GANOO, J. DATED:- 19th SEPTEMBER, 2011. P.C. 1. Rule. 2. Rule, made returnable forthwith. Learned Advocate Mr.Joshi waives service. By consent, petition is taken up for hearing. 3. Suit for recovery of possession filed by the respondent in the Court of learned Joint Civil Judge, Junior Division, Pandharpur, District Solapur, in Regular Civil Suit No.103 of 1992 was decreed. The petitioners herein were directed to remove the crop on the land, more 2 particularly, set out in item no.2 of the operative order of the judgment and decree dated 28.4.2000. The Civil Appeal No.129 of 2000 challenging the aforesaid judgment and decree dated 28.4.2000 came to be dismissed. On account of this, respondents were entitled to have a decree passed in trial Court executed. Accordingly, Regular Execution Application No.26 of 2005 came to be filed . In the said application, the learned Civil Judge, Junior Division, Pandharpur, by order dated 29th June, 2011, for the reasons mentioned in the said order, issued arrest warrant for the presence of the petitioners. This order dated 29.06.2011 is challenged in this petition. 4. As the matter was called out, learned Advocate appearing on behalf of the petitioners, upon instructions from the petitioners made a statement before this Court that the petitioners shall remove the crop standing on Gat No.640/B as per the decree dated 28.4.2000 on or before 30.9.2011. The oral undertaking given by the learned Advocate for the petitioners is accepted. 5. Petitioners, shall on or before 26.9.2011 file the written undertaking 3 in the Executing Court, i.e. in the Court of learned Joint Civil Judge, Junior Division, Pandharpur, in Regular Execution Appln. NO.26 of 2005. 6. In my view, the aforesaid arrangement will meet the ends of justice and that the Order dated 29.6.2011 now can be set aside. Hence following order is passed to dispose of the petition. ORDER i) The oral undertaking given by the Advocate for the petitioners, on behalf of the petitioners, that the petitioners shall remove the crop standing on Gut No.640/B as per the judgment and decree delivered in Regular Civil Suit No.103 of 1992 , by the learned Civil Judge, Junior Division, Pandharpur, is accepted. ii) Petitioners to file written undertaking as mentioned in the text of the order. The impugned order dated 29.6.2011 is set aside. There shall be no orde as to costs. (R.Y.GANOO, J.)