1 cra193.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.193 OF 2010 Devidas Bajirao Chitte & Anr. ...Applicants vs. Purushootam Vasudeo Habade ...Respondent Mr.S.P.Shinde for the applicants Ms Leena Patil i/b Mr.M.S.Karnik for the respondent CORAM :A.S.OKA,J. DATE : SEPTEMBER 3, 2010 P.C. 1 Heard the learned counsel for the applicants and the learned counsel for the respondent. The learned counsel for the applicants states that the applicants do not desire to press the revision application on merits. He, however, submitted that the suit premises is shop premises in which the applicants are carrying on business for last several decades and therefore, longer time of 4 to 5 years to vacate may be granted subject to the applicants giving usual undertaking to vacate. The learned counsel for the respondent opposed the prayer for grant of longer time to vacate. 2 The applicants have made a statement that they are not pressing the revision application on merits. As a result, the decree will become final. The evidence on record shows that the applicants are carrying on business in the suit premises for last several years. The requirement which is accepted by the courts below is of the sons of the respondent to start and carry on 2 cra193.sxw business. Material is available on record to show that sons are employed for the time being. Therefore, this is a case where considering the statements made by the applicants, longer time to vacate deserves to be granted. Even this revision application remains pending, it may not reach the final hearing for few years. Hence, time to vacate deserves to be granted till the end of August 2013. 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 31st August 2013 subject to condition of the applicants filing usual undertakings to vacate the suit premises. The undertakings shall be filed in this Court within a period of four weeks from today with advance copy to the Advocate for the respondent. If the undertakings are not filed within stipulated period, decree for possession will become forthwith executable. iii)There will be no order as to costs. JUDGE