IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION No.5341 OF 2006. Ramesh R. Erram. ..Petitioner. Vs. Hirendrakumar B. Ruia. ..Respondent. Mr.Rahul S. Kate for the Petitioner. Mr. S.R. Gahabavte, for the Respondent. CORAM:R.M.S.KHANDEPARKAR,J. CORAM:R.M.S.KHANDEPARKAR,J. CORAM:R.M.S.KHANDEPARKAR,J. DATED:17TH DATED:17TH DATED:17TH NOVEMBER, 2006. NOVEMBER, 2006. NOVEMBER, 2006. P.C.:- P.C.:- P.C.:- 1. Undisputedly, both the Courts below have arrived at concurrent finding on the acquisition of alternative suitable accommodation by the petitioner and on that ground the order of eviction has been passed. The said finding is clearly born out from the record as evidence in the Courts below discloses that the petitioner has been residing in the flat, it is said to have been acquired by the petitioner. There is also a telephone provided in the said flat which is in the name of the petitioner. Petitioner has [[2]] also received the notice on the said address. Apart from oral contention that flat belongs to his son, petitioner had not been able to produce any other evidence on record to show that flat does not belong to him. Since both the Courts on analysis of the materials on record and have arrived at concurrent finding that flat in question belongs to the petitioner and the petitioner has been residing therein, and the said finding is clearly born out from the record, there is no case for interference in the impugned judgment. No jurisdictional error is disclosed and hence the petition fails and is hereby dismissed. . At the request of the learned Advocate for the Petitioner, time to vacate the suit premises is extended till 28th of February,2007 subject to the petitioner and all the major members of the family of the petitioner filing undertaking to the effect that they shall not induct any third party in the suit premises nor will create any third party interest therein and will deliver vacant peaceful possession of the premises to the [[3]] respondent on or before 28th February,2007. Undertakings to be filed within two weeks from today. [R.M.S.KHANDEPARKAR,J] [R.M.S.KHANDEPARKAR,J] [R.M.S.KHANDEPARKAR,J]