IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL (ST) NO.10490 OF 2008 Shri Shamrao Maruti Jadhav )..Appellant Versus Mohan Ramkrishna Bhandare, since deceased through LR’s 1-A Smt.Anuradha Mohan Bhandare & Ors..Respondents ---- Mr.R.S.Alange for the appellant. Mr.P.G.Chavan for the respondents. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 29.4.2008. PC 1. Heard both sides. 2. This is a Second Appeal filed by the original defendant. The plaintiff had filed a suit for recovery of possession of two rooms admeasuring 14 feet x 16 feet. The suit was based on title. The plaintiff admitted that the defendant was in possession since 1975-76. His case was that possession was out of friendship and was permissive. However, in the year 1996 the defendant filed an application for standard rent and the restoration of amenities. This matter was decided against him upto the High Court. Both the Courts have given concurrent findings of fact that plaintiff has title and is entitled for possession. Defendant’s case of : 2 : tenancy has been decided against him by Tenancy Court. In this view of the fact as there is no substantial question of law which arises in the Second Appeal, the Second Appeal is dismissed. At this stage, the Advocate for the appellant states that on filing of usual undertaking, he may be given some time to vacate. Taking into consideration that appellant is 60 years of age, on the appellant filing an undertaking in this Court that he and his family members will remove themselves from the suit premises on or before 31.7.2008 and that in the meanwhile, they will not create any third party interest or part with possession of the suit property or any part thereof, the execution of the decree will be stayed till 31.7.2008. Undertaking to be filed in this Court within a period of two weeks from today and the same should be signed by all adult members who are residing in the suit premises. Advocate for the appellant states that apart from defendant and his family members no other person is residing in the suit premises as of today. If undertaking is not filed within 2 weeks from today, the stay to stand vacated and the original plaintiff will be at liberty to execute the decree. Office to number the Second Appeal. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)