1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Letters Patent Appeal No.150 of 1994 In First Appeal No.540 of 1977 Jamshed Mistry Appellant Vs. Dr.Avan Dadina & ors. Respondents Mr.C.S.Balsara with Mr.N.S.Engineer i/b. Mr.Prasad Dani for appellant. Mr.D.S.Sawant for resp.nos.1 to 4. Mr.R.A.K.Najan-Es-Sani for resp.no.1A. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. July 7, 2008 P.C. . First Appeal No.540 of 1977 was allowed by this Court and the Suit for eviction was thus decreed. This LPA challenges the said decree of eviction dated 16th September 1994. . During the pendency of this LPA and as has been noted in the order dated 8/6/2005 by this Court, the parties were working out on an amicable settlement and draft of Consent Terms was also placed on record on 27/6/2008. Today final Minutes of Order have been placed before us which have been signed by the plaintiff as well as the defendants. The LPA has been 2 filed by the original Defendant No.3 and respondent no.2 in the First Appeal. . As per the Minutes of Order the appellants have accepted the decree passed by the learned Single Judge of this Court. However, execution of the said decree has been deferred till the life time of appellant - Mr.Jamshed Mistry and his wife Mrs. Sheroo J. Mistry and it has been further agreed that within a period of three months from the date of the last of the survivors (Mr.Jamshed Mistry and Mrs. Sheroo J. Mistry), Mr.Ruzbeh J. Mistry shall hand over vacant and peaceful possession of the suit premises. The appellants have further given an undertaking that they shall not create any third party interest in the suit premises in any manner and they shall not claim any rights in the suit premises by way of tenancy or sub-tenancy or licensee. . The learned counsel for all the parties, therefore, prayed for disposal of the LPA in terms of the Minutes of Order. The same are taken on record and marked "X" for identification. The undertaking given in clauses 4 and 5 of the Minutes of Order shall be treated to be undertaking of Mr.Ruzbeh J. Mistry. 3 The undertaking given in Minutes of Order marked as "X" is accepted in its entirety. . LPA is disposed off in terms of the Minutes of Order. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)