1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.536 OF 2009 Shri Subhash Sadashiv Wayal ..Petitioner. V/s. Shri Madanlal M. Saraf(Deceased) through his Legal Heirs: Sunil Madanlal Saraf & Anr. ..Respondents. Mr.Nitin P. Deshpande for petitioner. Mr. P.B.Shah for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 20, 2009. DATE : JANUARY 20, 2009. DATE : JANUARY 20, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. In view of the concurrent finding of fact, no interference in exercise of writ jurisdiction is warranted. 3. Counsel for the Petitioner however, submits that the Petitioner be given some reasonable time to vacate. Counsel for the Respondent has no objection to grant three months’ time to vacate provided usual undertaking is filed and all the arrears are paid within the specified time. However, the Counsel for the Petitioner prays that atleast six months’ time 2 may be granted. In the circumstances, in the fact situation of the present case, six months’ time to vacate as prayed for by the Petitioner is granted on condition that the Petitioner shall file undertaking on or before 30th January, 2009 and also pay arrears of rent if any, before that date. 4. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)