1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2203 OF 2009 IN FIRST APPEAL NO.1254 OF 2003 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Amit Gharte, for the applicant. Mr.Vinod Mahadik, for the respondents. CORAM : D.B.BHOSALE,J. DATE : 16/11/2010. PC: Heard learned counsel for the parties. By this civil application, the applicant has prayed for extension of time to file undertaking within a period of four weeks as per the order dated 11.8.2004. By this order (11.8.04), the applicant was directed to file undertaking stating that he would not create any third party interest in the suit premises and he would not part with possession of the same in favour of any third party and would not carry out any addition or alteration in the suit premises without leave of the court. The applicant was directed to file undertaking within three weeks from the date of the order T 2 and it was made clear that if such undertaking is not filed the interim order would stand vacated automatically without reference to the court. This clearly shows that the interim order in terms of prayer clause (a) that was granted vide order dated 11.8.2004 is not operating since 11.9.2004. It is not clear whether the structure in dispute has been demolished. Learned counsel for the corporation is not in a position to make any statement in that behalf. When the civil application was filed on 16.4.2009 the applicant did not file undertaking along with the application and only prayed for extension of time to file undertaking within a period of four weeks. Having considered overall facts and circumstances of the case, in my opinion, the applicant does not deserve any sympathy and hence the application is rejected. (D.B.BHOSALE,J.)