Hon'ble V.K. GUPTA, C. J.
On these two petitions coming up for consideration, the parties have come to terms. It is submitted by Mr. Arvind Vashistha, learned counsel appearing for the petitioner and Mr. Alok Singh, learned Senior Advocate appearing for the respondents that the parties have entered into an oral, amicable, out of Court settlement and based upon the said settlement, this petition be disposed of as settled.
Mr. Dinesh Chandra Paliwal, the petitioner, is also present in the Court and he states before me that indeed he is in agreement with the respondents and following agreed order be passed:
The impugned order in Writ Petition No. 465 of 2009 (M/S) is confirmed subject to the modifications and variations as herein below mentioned:
The execution proceedings pending in the Court below are hereby terminated subject to the directions and orders contained herein below:
(1) The petitioner shall vacate and handover vacant possession of shop no. 312A, presently in his occupation to the respondents by or before 31st August, 2009. Till then, the decree in question shall not be executed.
(2) The petitioners shall be liable to pay mesne profits @ Rs. 6000/- (Rupees Six Thousand only) per month from the month of October 2006 uptill December, 2007 by or before 31st May, 2009, if not already paid.
(3) On and from the month of January, 2008 uptill 31st March, 2009, the petitioner shall be liable to pay mesne profits @ Rs. 10,000/- (Rupees Ten Thousand only) per month. This amount of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand only) shall be paid by the petitioner to the respondents in lump sum before 31st May, 2009.
(4) On and from April 2009 until the shop remains in his occupation, the petitioner shall be paying to the respondents mesne profits @ Rs. 25,000/- (Rupees Twenty Five Thousnad only) per month by the 10th day of every succeeding calendar month.
(5) If the petitioner commits any default on the payment of aforesaid amount, this order shall cease to operate and the decree in question shall become executable forthwith. The aforesaid arrangement is subject to the petitioner filing a written undertaking to the aforesaid effect before the Executing Court by 17th April, 2009.
Both the petitions are disposed of.
