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.1638 OF 2009 Samaj-seva Mitramandal ..Petitioner. V/s. Vitthaldas Vallabhdas Devi. ..Respondent. Mr.Ajay A. Joshi for petitioner. Mr.R.S.Apte i/b. A.S.Kulkarni for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 2, 2009. DATE : FEBRUARY 2, 2009. DATE : FEBRUARY 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The relief claimed in this Petition is essentially in the nature of mercy petition. The Petitioner has asserted that the Petitioner is running a school in the suit premises. Besides, the Petitioner is already in the process of completing its own building in the nearby area, but the work is incomplete. The Petitioner is hopeful that the construction of the new building will be completed as early as possible, and in any case within six months. In anticipation thereof, the Petitioner prays that the limited relief that be granted to the Petitioner is time to vacate the suit premises till 31st 2 December, 2009. 3. Counsel for the Respondent however, opposed this prayer. The Respondent is inclined to grant time to vacate but submits that it should be only till end of May, 2009. This objection overlooks the fact that construction of new building of the Petition is in progress and completion thereof will take atleast six months time. 4. In this backdrop request of the Petitioner will have to be accepted. The Petitioner is granted time to vacate till end of December, 2009, on condition that authorised officer as well as all the trustees of the Petitioner Trust shall file usual undertaking in this Court within four weeks from today and also pay all the outstanding dues in respect of suit premises payable as of now and continue to pay future monthly compensation on regular basis till the possession of the suit premises is handed over in terms of the undertaking to be filed in this Court. 5. Needless to observe that if the construction of new building is completed in earlier point of time, the Petitioner will vacate the suit premises 3 even before end of 31st December, 2009 and not continue to occupy the same merely because time to vacate is granted till that date. 6. If the Petitioner wants to avail of the indulgence shown under this order, the Petitioner is expected for the time being to compensate the landlord with amount of Rs.50,000/- per month from 1st January, 2009, to be payable on or before 5th of every English calender month directly to the landlord. The amount payable in respect of month of January, 09, which has become due shall be paid on or before 10th February, 2009. Future compensation in terms of this order be paid on or before 5th of every successive English calender month. Even in case of one default, the protection available to the Petitioner under this order will stand vacated forthwith without further reference to the Court and the landlord would be entitled for execution of the decree forthwith. 7. The landlord will be entitled to pursue remedy of mesne profit against the Petitioner, which will have to be decided on its own merit in accordance with the law. The Petitioner obviously will be entitled for adjustment of the amount ordered 4 to be paid towards interim compensation in terms of this order against the total mesne profit payable by the Petitioner to the tenant as ordered in the said proceeding. All question in that behalf are left open. 8. It is also made clear that no further application for extension of time to vacate suit premises on any count will be entertained. . Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)