1 cra246.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.246 OF 2010 Shrirang Narayan Saggam ...Applicant vs. Mr.Prabhakar Rangnath Lakde deceased through LRs. ...Respondents Mr.J.S.Deo for the applicant Mr.S.N.Chandrachud for the respondents CORAM :A.S.OKA,J. DATE : SEPTEMBER 8, 2010 P.C. 1 The learned counsel for the applicant on instructions of the applicant states that he is not desirous of pressing the civil revision application on merits. He prays that longer time to vacate the suit premises be granted. He prays that time of at least 3 years to vacate be granted. He states that the applicant is ready and willing to file necessary undertaking. He submits that the suit premises are commercial premises and considering the fact that the premises are in the heart of city of Pune, the applicant will require longer time to obtain a suitable premises. The learned counsel for the respondent opposes the prayer for granting longer time to vacate. He states that the decree is on the ground of bonafide requirement. 2 I have considered the submissions. The applicant is not pressing the revision application on merits. As a result, the decree will attain finality. In addition, the applicant has shown willingness to file usual undertaking to vacate the suit premises. The suit is of 2 cra246.sxw the year 2004 which relates to a commercial premises. The respondents-landlords have purchased the suit property by a sale deed. If this civil revision application was to remain pending in this Court for final hearing, considering the pendency of very old matters, the same may not have reached the stage of final hearing at least for 5 to 6 years. Therefore, the respondents will not be prejudiced if longer time of three years is granted especially when the applicant is not pressing the revision application on merits and has shown willingness to file usual undertaking to vacate. 3 Hence, I pass the following order : i) Revision application is dismissed as not pressed. ii)Notwithstanding the dismissal of the revision application, decree for possession shall not be executed till 31 st August 2013 subject to the condition of the applicant filing usual undertaking to vacate the suit premises. iii)The undertakings shall be filed in this Court within a period of four weeks from today with an advance copy to the Advocate for the respondents. If the undertaking is not filed within four weeks from today, decree for possession will forthwith become executable. iv)There will be no order as to costs. JUDGE