1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8255 OF 2008 Devichand M. Jain. ..Petitioner. V/s. Mr.Mansukhlal Madhwani & Ors. ..Respondents. Ms. Rekha P. Safari for petitioner. Mr.R.D.Vora for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 29, 2009. DATE : JANUARY 29, 2009. DATE : JANUARY 29, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Having regard to the finding recorded by the Court below, the conclusion reached in rejecting the appeal preferred by the obstructionist was inevitable. No fault can be found with the said approach. No interference in exercise of Writ jurisdiction is warranted. Hence dismissed. 3. Counsel for the Petitioner states on instruction that in that case, the Petitioner shall take steps to vacate the suit premises within one month from today. That assurance is accepted. 2 4. Petitioner is granted time to vacate the suit premises on or before 28th February, 2009, on condition that the Petitioner shall file usual affidavit of undertaking in this Court within one week from today, failing which, it will be open to the Respondent/landlord to proceed with the execution proceedings. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)