1 cra141 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.141 OF 2010 Alphonses B. Xavier & Anr. ...Applicants vs. Jamate Muslemin Tandel Masjid Trust & Ors. ...Respondents Mr.P.V.Dube and Mr.V.S.Gokhale for the applicants Mr.Vijay Killedar for the respondent nos.2 to,5 to 8 CORAM :A.S.OKA,J. DATE :DECEMBER 23,2010 P.C.: 1 Heard the learned counsel for the applicants and the learned counsel for the respondent nos.2 and 3 and 5 to 8. 2 The learned counsel for the applicants on instructions states that the applicants are not pressing the revision application on merits. He prays that considering the fact that the applicants are in possession for a long time, longer time to vacate of four years be granted. The learned counsel for the applicants states that some of the respondents have ceased to be the trustees of the first respondent-trust. He expresses an apprehension that newly appointed trustees may execute the decree as they are not parties to the proceedings. The learned counsel for the contesting respondents states that respondent no.5 who is admittedly a trustee of the first respondent is present. On instructions he opposes the prayer for grant of time. 2 cra141 2 The applicants have made a statement that they are not pressing the revision application on merits. Thus, the decree for possession will attain finality. The applicants have shown willingness to file usual undertakings. The ground of bona find need has not been accepted by the Courts. The family members of the first applicants are in possession of the suit premises for a long time. If this revision application was to remain pending in this Court for final hearing, the same may not have reached at least for few years. Considering the facts and circumstances of the case, time of three years to vacate the suit premises deserves to be granted. 3 Apprehension expressed by the learned counsel for the applicants has no basis as the decree cannot be executed by the trustees till the time granted by this Court is over subject to the applicants complying with the requisite terms and conditions. 4 Hence, revision application is disposed of by passing the following order : i) Revision application is dismissed as not pressed. ii)Decree for possession shall not be executed till 24th December 2013 subject to condition of the applicants and all adult members of their family filing usual undertakings. If undertakings are not filed in this Court within a period of six weeks from today, the decree will forthwith become executable. JUDGE