19.07wp.2168.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2168/2011 (Bainabai Chadge and another vs. Gangareddi Adgulwar ) & WRIT PETITION NO. 2608/2011 (Kashinath Tukaram Gurnule vs. Gangareddi A Adgulwar ) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... CORAM : R.M.SAVANT, J. DATED : 19th July, 2011. Heard Mr A.V.Bhide, learned counsel for the petitioners. The above petitions take exception to the judgment and orders passed by the first Appellate Court both dated 10.1.2011 by which, the decree of eviction passed by the trial court in each of the above petitions came to be confirmed. The petitioners in each of the above petitions are tenants of the premises in question in respect of which premises the respondent is the landlord. The respondent had filed proceedings for eviction on the ground of bona fide requirement. Both the courts below on the basis of the material on record have concurrently recorded a finding of fact as regards the need of the premises in question by the respondent-landlord. Both the Courts below have relying upon a catena of judgments of the Apex Court wherein the Apex Court has consistently held that it is not for the Courts as to decide as to how the landlord should use the premises, have passed the decree of eviction on the ground of bona fide requirement of the landlord. In my view, considering 19.07wp.2168.11.odt 2 the findings of fact as recorded by the Courts below based on the material on record, no exception could be taken to the decrees passed by the Courts below against the petitioners in both the petitions. In that view of the matter, no case is made for interdiction in the extraordinary writ jurisdiction of this Court. The Writ Petitions are accordingly dismissed. The learned counsel for the petitioners in both the petitions prays for time to vacate the premises. On the petitioners furnishing an usual undertaking to this Court within a period of two weeks from date which undertaking would cover all the persons who are residing in the premises in question, the time to vacate the premises in question is granted up to 31 st December, 2011 . If no such undertaking is filed within the time stipulated by this order, the respondent-landlord would be entitled to execute the decree in accordance with law. JUDGE sahare