1 fa-1633.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1633 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.M. Suryawanshi for the Appellants. Shri Suresh Gole for the Respondent. -- CORAM : A.S.OKA, J. DATE : 4TH JULY, 2011 P.C.: . Learned counsel appearing for the Appellants and the learned counsel appearing for the Respondent. 2. Learned counsel appearing for the Appellants has tendered an undertaking of the Appellants dated 30 th June, 2011. The said undertaking is taken on record and marked “X” for identification. 3. The Appellants are not pressing this Appeal on merits and they are seeking time of two years to vacate the suit property. 2 fa-1633.10 4. As the Appellants are not pressing this Appeal on merits, the decree will attain finality. Hence, time of two years as prayed for deserves to be granted to vacate the suit property. 5. Hence, I pass the following order: (a) The Appeal is dismissed as not pressed. (b) The Appellants will be entitled to refund of Court fees as per the Rules. (c) Undertakings of the Appellants in Paragraph 2 of the Undertaking dated 30 th June, 2011 are accepted. (d) In view of the undertakings, the decree for possession shall not be executed till 4 th July, 2013. (e) There will be no orders as to costs. (f) Civil Application No.4163 of 2010 does not survive and the same is disposed. ( A.S.OKA, J )