1 (SA555/10) with CAS 1443/10 with SA572/2010 with CAS1438/10) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.555 OF 2010 WITH CIVIL APPLICATION NO.1443 OF 2010 IN SECOND APPEAL NO.555 OF 2010 WITH SECOND APPEAL NO.572 OF 2010 WITH CIVIL APPLICATION NO.1438 OF 2010 IN SECOND APPEAL NO.572 OF 2010 Shri Adarbad Tehmurasp Hozdar ....Appellant. V/s Shri Jamshetji Jeejeebhoy and others ..... Respondents. Ms. Kiran Bhagalia with Mr. K. Kelkar for the appellant. Mr. Y.S. Jahagirdar, Senior Counsel with Mr. Zubin Behramkamoin i/b Wadia Ghandy & Co. for the respondents. CORAM: V. M. KANADE, J. DATE : 11th March, 2011 2 (SA555/10) with CAS 1443/10 with SA572/2010 with CAS1438/10) P.C.:- 1. After the matter was argued for some time, the learned Counsel for the appellant, after taking instructions from the appellant who is present in court, submits that the appellants do not wish to press the second appeal provided reasonable time is given to the appellant to vacate the premises. 2. In my view, taking into consideration the services rendered by the appellant and the appellant’s father to the trust and to the temple, it would be appropriate if the appellant is permitted to continue to remain in possession of the suit premises for a period of one year from today till 31/3/2012. Appellant and members of his family including his sons, daughters-in-law and those who are in occupation of the premises shall give an undertaking to this court that they shall handover quiet, peaceful possession of the suit premises on/or before 31/3/2012 and will not have any claim whatsoever in respect of the post of Priest and suit premises which are in occupation of the appellant. Appellant while giving the aforesaid undertaking shall also give an undertaking that the appellant shall not part with possession 3 (SA555/10) with CAS 1443/10 with SA572/2010 with CAS1438/10) or create any third party rights in the suit property or mortgage the suit property. The undertaking be given within four weeks from today. 3. Both the appeals are accordingly disposed of. Since the appeals are disposed of, Civil Applications do not survive and the same are accordingly disposed of. (V.M. KANADE, J.) 4 (SA555/10) with CAS 1443/10 with SA572/2010 with CAS1438/10)