JUDGMENT

V. RAMASWAMI, J.:- In this petition the petitioner has prayed for convicting Respondents 1 and 2 for committing the contempt of this Court by violating the terms and conditions of the undertaking filed in Civil Appeal No. 2628 of 1980 and for a direction that whosoever is in possession, the suit premises be handed over to the petitioner. The petitioner as the owner and landlord of the property, Tika No. 3, City Survey House, bearing No. 344/ 345, Jambli Naka, Thane, consisting of ground floor, first floor and second floor in which the business of restaurant known as Ramakrishna Hindu Hotel or Ramakrishna Hotel is carried on, filed Civil Suit No. 213 of 1970 in the Court of Civil Judge, Senior Division, Thane, against the first respondent and four others, by name, P. A. Dange, V. A. Dange, Haribhau Shivale and Girl Anna Shetty for eviction from the abovesaid premises. The suit was decreed by the trial Court. The first respondent who was the first defendant in the suit alone filed an appeal against this decree before the District Court. The appeal was dismissed confirming the order of eviction. Thereafter the first respondent filed writ petition No. 354 of 1975 in the High Co