-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No. 1950 of 2007 in Writ Petition No. 6243 of 2002 1. Smt.Dwarkabai Khivraj Rathi and others ..Applicants vs. 1. Parshram Laxminarayan Malpani and others ..Opponents Shri R.N.Sanghavi for applicants Shri P.S.Dani for opponents. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 11th March, 2008 11th March, 2008 11th March, 2008 P.C. P.C. P.C. 1. This matter was placed before me and I had passed a detailed order on the civil application. 2. Shri Sanghavi had sought time on the last occasion to take instructions as to whether the applicant would vacate and hand over vacant and peaceful possession of the commercial premises and within how much time. 3. Today the matter was placed before me and the applicant no.2 is present in Court. Applicant no.2 states that he has instructions on behalf of applicant nos. 1 to 5 to make -2- appropriate statement before this Court. Shri Sanghavi after taking instructions from applicant no.2 makes a statement that applicant nos. 6 to 9 are other branch of the family but they are not in possession of the commercial premises. 4. A request is made by Shri Shamsunder Khivraj Rathi (applicant no.2 who is present in Court) on behalf of applicant nos. 1 to 5 for time to vacate the premises (shop premises). Applicant nos. 1 to 5 seek time till 31st December, 2008 and pray that this time be granted upon furnishing fresh undertaking. That request is opposed by Shri Dani and he brings to my notice the fact that the applicants are seeking liberty to commence proceedings to enforce their right of reentry in respect of the residential premises and net result of all this would be that litigation would go on and the undertaking before this Court would never be complied with. Therefore,he seeks appropriate clarification and then prays that reasonable time to vacate may be granted. 5. It was clarified to Shri Sanghavi that if time is granted to vacate the shop premises, -3- then, the applicant must make appropriate statement with regard to giving up their right of re-entry in the residential premises. This was suggested because the consent terms are filed in this Court in 2003, time of 4 years was granted by this Court and that came to an end in July, 2007. The applicants continued in possession of the shop premises and now desire to start proceedings with regard to their right of re-entry in the residential premises. This makes a mockery of the judicial process and is blatant violation of the undertaking given to this Court. 6. Shri Sanghavi, therefore, sought fresh instructions and upon taking instructions states that the applicants will not enforce their right of re-entry in respect of the residential premises if this Court grants some reasonable time to vacate the shop premises. The premises from where the cloth business is being conducted has been in possession for quite some time and for alternative arrangement to be made, some additional time be granted. 7. After hearing both sides and recording a statement as above, it is directed that if the -4- applicant nos. 1 to 5 file an undertaking in this Court within a period of 15 days from today stating therein that they and none else are in possession of the shop premises, that they shall not create any third party rights nor induct anybody in the shop premises nor part with possession thereof in any manner so also continue to pay the amounts which are directed to be paid towards the rent, time is granted till 31st August, 2008 to vacate the shop premises. In default of filing of the undertaking the order passed on the last occasion becomeS enforceable forthwith. The shop premises then can be forcibly taken possession of by the decree holder. If undertaking is filed in the above terms, then, time is granted till 31st August, 2008. Needless to state that no further extension will be granted under any circumstances. In the light of the above applicants do not press for any relief in the Civil Application and the same is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)