Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1945 of 2009 Shivram Krushnaji Chawar (deceased) by LRs-Subhadrabai S.Chawar & ors. ...Petitioners V/s. Tarabai Khandu Ghotkule & ors. ...Respondents Mr. Nitin P. Deshpande for the petitioners. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 2ND MARCH, 2009 : 2ND MARCH, 2009 : 2ND MARCH, 2009 P.C. . Having regard to the finding of fact recorded by the Court below that Petitioner has failed to deposit the permissible increase and interest amount at the rate of 9% per annum on the first date of hearing of suit, the conclusion reached by the Court below with regard to ground of wilful default is unexceptionable. Even the finding recorded in respect of other grounds are founded on evidence on record. Suffice it to observe that even one ground of eviction answered against the Petitioner is sufficient. No interference in exercise of writ jurisdiction is warranted. Hence, dismissed. 2. At this stage Counsel for the Petitioner seeks time to vacate the suit premises. By way of indulgence Petitioners are granted time to vacate the suit premises 2 till 31st August, 2009 on condition that Petitioner and all adult members staying alongwith Petitioner shall file usual undertaking in this Court on or before 26th march, 2009 failing which Respondent-landlord to proceed with the execution of the decree. 3. It is made clear that if the Respondent-landlord has any objection regarding granting time to the Petitioner in terms of this order, he will be free to apply for recall of that part of the order which request will be considered on its own merits. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]