1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application (CAW) No.1331 of 2011 In Writ Petition No.4646 of 2010 (Decided on 29-10-2010) (Dwijendra s/o Prakashchandra Mishra v. Smt. Kapoorwati wd/o Virendrakumar Tripathi and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri M.A. Bapat, Advocate for Applicant/Petitioner. Shri P. Abhyankar, Advocate for Non-Applicants/Respondents. Coram : R.K. Deshpande, J. Dated : 10 th June, 2011 1. This is an application for extension of time by a further period of six months from 31-5-2011 to vacate the premises in question. 2. By an order dated 29-10-2010, this Court had disposed of the present writ petition by granting time to the petitioner to vacate the premises till 31-5-2011. The grant of time to the petitioner to vacate the premises was opposed by the respondents. 2 However, keeping in view the difficulties expressed by the petitioner and after ascertaining the period within which the petitioner could vacate the premises, this Court had passed an order granting time till 31-5-2011. Now again, the time is sought for to vacate the premises. 3. Shri Bapat, the learned counsel appearing for the petitioner, submits that the house of the petitioner is under construction and at least three months' time will be required to occupy the same. He has annexed the photographs showing that the construction is upto the slab level. 4. Shri Abhyankar, the learned counsel appearing for the respondents, has opposed this application. He submits that the respondents have settled down in Nagpur. He further submits that the respondent No.4 wants to take steps to admit her child to the School at Nagpur. He submits that the respondents are residing at Chhindwara in Madhya Pradesh and they are in urgent need of the premises. He, however, submits that at the most one month's time can be granted to the petitioner to vacate the premises on the payment of Rs.10,000/- towards occupation 3 charges for the extended period. 5. Keeping in view the difficulties of the petitioner, the time to vacate the premises is extended by a further period of one month from today by way of last chance, subject to the petitioner paying an amount of Rs.2,000/- to the respondent No.4 as an additional amount, apart from the amount which is being paid by him regularly, within a period of eight days from today and obtain the receipt from the respondent. The said amount shall be delivered to Advocate Shri Abhyankar, who shall pass on the receipt for and on behalf of the respondent No.4. Upon obtaining such receipt, the same shall be filed in this Court within a period of one week thereafter. If such pursis is not filed by the petitioner within the stipulated period, the present application shall stand dismissed. Judge pdl