1 S.A.No.455/10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO.455 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 22.12.2010. 1. This Court vide order dated 15.12.2010 has already held that the Second Appeal deserves to be dismissed. However, as reasonable time was sought to vacate the premises, notices were issued to the Respondent. Mr.S.D.Ghayal, learned counsel appears for the Respondent and states that the Respondent is 95 years old and is fighting litigation for quite some time. 2. Taking into account the fact that the appellant is conducting his business in the suit premises, it would be appropriate to grant time of four months to vacate the premises. 2 S.A.No.455/10 3. In the result, the Second Appeal is dismissed. However, the applicant shall vacate the suit premises by end of April 2011. The appellant shall give an undertaking that he shall not create any third party interest in the suit property and shall hand over possession to the present Respondent on or before 30.4.2011. The said undertaking to be filed within a period of two (2) weeks from today. 4. The Second Appeal is disposed of with above observations. (S.V.GANGAPURWALA,J.) Dt.22.12.2010. asp/office/sa455.10 3 S.A.No.455/10