- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (St.) No. 680 OF 2009 Sukhai C. Dhobi ... Appellant Vs Mrs. Asmita Bandiwadekar ... Respondent Mr. V. R. Tripathi i/b Associates, for the Appellant. Mr. N. V. Bandiwadekar, for the Respondent. CORAM : A. P. DESHPANDE, J. DATED : FEBRUARY 6, 2009. P.C. . This appeal is directed against the judgment and decree passed on 21st October 2008 by the City Civil Court, Bombay in S.C. Suit No. 2947 of 1996. The decree directs the appellant to remove the suit structure and remove himself along with family members from the suit premises within 2 months from the date of the order i.e. 21st October 2008. The learned counsel appearing for the appellant restricts this appeal only to the extent of seeking time to vacate the premises. It is made clear that all other prayers in the appeal are not - 2 - pressed and hence stands rejected. The learned counsel for the appellant/judgment debtor has submitted that he would vacate the premises as directed by the City Civil Court Bombay along with his family members which include 2 major sons within a period of one year from today. The learned counsel for the respondent has no objection for granting the time to the appellant to vacate the premises and for handing over the possession, however, subject to condition that the appellant along with his 2 major sons by name Lalman and Ramdhuni furnish separate undertaking in this Court that they would hand over the peaceful vacant possession of the suit premises to the respondent on or before expiry of period of one year from today. On the concessions so made by the learned counsel for the parties, I pass the following order. (i) Appeal stands dismissed. (ii) However, the appellant is granted one years time from today to vacate the suit premises; so also to remove the structure along with his family members, subject to the condition that the appellant and his two major sons by name Lalman and Ramdhani file an undertaking in this Court that they would - 3 - vacate the premises and hand over peaceful, vacant possession of the suit premises to the respondent. The undertaking to be filed by the appellant and his two sons within 2 weeks from today. Copy of the undertaking to be served on the counsel for the respondent. Sd/- [ A. P. DESHPANDE, J.]