:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3006 OF 2004 NOTICE OF MOTION NO. 3006 OF 2004 NOTICE OF MOTION NO. 3006 OF 2004 IN IN IN SUIT NO. 2923 OF 2004 SUIT NO. 2923 OF 2004 SUIT NO. 2923 OF 2004 Lourdes Dias ..Plaintiff versus Shridhar Anantrao Kulkarni ..Defendant Mr. S. Y. Jaykar for the Plaintiff. Mr. Arun E. Deshmukh for the Defendant. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 4TH NOVEMBER, 2004. DATE : 4TH NOVEMBER, 2004. DATE : 4TH NOVEMBER, 2004. P.C. : P.C. : P.C. : . Learned counsel for the parties present. Plaintiff and the Defendant are also present. Defendant who is present in court agrees himself as well as through his Advocate that he will vacate the suit premises by 28.2.2005 without any fail and will not claim any further extension on any count in that regard. He also agrees to pay to the Plaintiff a sum of Rs.1,17,000/= (Rupees One Lac Seventeen Thousand) by that time towards full and final settlement of the claim of the plaintiff in the suit. The Defendant also gives an oral undertaking regarding delivery of possession and payment. Undertaking accepted by the court. Defendant also :2: :2: :2: agrees that in case he commits breach of any of the aforesaid undertaking, action under the Contempt of Courts Act, will be taken against him. The amount to be paid by the defendant to the plaintiff directly by demand draft. In the meantime the defendant will not create third party rights nor part with possession of the suit premises. . In view of the above suit and the notice of motion stands disposed of. Refund of court fees, as per the Rules. Certified copy expedited. ****