1 ca1067-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1067 OF 2010 IN SECOND APPEAL NO.290 OF 2010 (B.P.C.L. Vs. Balasaheb) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.S.R.Page, for applicant. Mr.Amit Borkar, for respondent no.1. CORAM : R.G.KETKAR,J. DATE : 17 th AUGUST, 2010 P.C. Heard Mr.S.R.Page, learned counsel for the applicant and Mr.Amit Borkar, learned counsel for the respondent no.1. 2] By this application, the applicant prays for three years’ time to vacate the suit premises and hand over the vacant and peaceful of the suit premises to the decree holder. In the application, it is averred that the applicant has decided not to approach the Apex Court and, thus, accepted the judgment of this court. 3] Mr.Borkar, on instructions, states that on the applicant’s furnishing usual undertaking in this court within two weeks from today, the respondent will not execute the decree till 31 st December, 2010. Mr.Page states that within two weeks from today, usual undertaking will be filed in this court and the copy thereof 2 ca1067-10.sxw shall be submitted to the respondent no.1 in advance. 4] In view of this Civil Application is disposed of in the following terms:- i) The applicant shall file usual undertaking in this court within a period of two weeks from today incorporating therein that they will not create any third party interest in respect of the suit premises. ii) They will hand over vacant and peaceful possession of the suit premises on or before 31 st December, 2010. iii) The applicant will pay the necessary compensation to the respondent no.1 and clear the arrears, if any, within two weeks from today. [R.G.KETKAR, J.]