1 sa479.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 479 OF 2010 WITH CIVIL APPLICATION NO.1214 OF 2010 Ratan Pandharinath Kamble ...Appellant. Vs. Nathuram Rambhau Bhujbal ..Respondent Mr.Mandar Soman i/by T.D. Deshmukh for the Appellant. Mr. Vilas B. Topkir for the Respondent. CORAM : A.S. OKA, J. DATE : 9TH NOVEMBER, 2011. P.C. 1. Not on board. Taken on board. 2. This appeal was argued on earlier date. The learned Counsel appearing for the appellant on instructions from the appellant states that the appellant does not desire to press the appeal on merits. He, however, submits that as the appellant is in possession of the suit premises for last 35 years and has been carrying on business therein, a longer time be granted to vacate the suit premises. The learned Counsel appearing on behalf of the respondent submits that a reasonable time be granted as suit is of the year 1990. 2 sa479.10.sxw 3. The appellant is not pressing the appeal on merits. Hence, the impugned decree will attain the finality. If the appeal was to remain pending in this Court for final hearing, the same may not have reached for the years. Hence, considering the fact that the appellant is in possession for last 35 years, time to vacate deserves to be granted till 31st October, 2014 subject to the appellant filing an usual undertaking. 4. Hence, I pass the following order: (i) The appeal is dismissed as not pressed. (ii) Notwithstanding the dismissal of the appeal, the decree for possession shall not be executed till 31st October, 2014 subject to the condition of the appellant filing usual undertaking in this Court within a period of four weeks from today. (iii) If the usual undertaking is not filed within stipulated period of four weeks from today, the decree shall become forthwith executable. 5. In view of the dismissal of the appeal, the Civil Application No. 1214 of 2010 does not survive and disposed of accordingly. ( A.S. OKA, J. )