1 cra40.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.40 OF 2010 Mahendra Kasturbhai Soni ...Applicant vs. Umesh Amrutlal Shah (Parekh) and another ...Respondents Mr.S.P.Pawar for the applicant Mr.M.S.Lagu for the respondent nos.1 and 2 CORAM :A.S.OKA,J. DATE : SEPTEMBER 21, 2010 P.C. 1 The learned counsel for the applicant on instructions of the applicant states that the applicant does not desire to press the revision application on merits. He, however, prays for grant of time of five years to vacate the suit premises subject to the applicant filing usual undertaking. He states that some other tenants of the respondents have been granted six years time to vacate. The learned counsel for the 1 st and 2nd respondents opposes the said prayer by contending that the applicant has acquired another premises. He states that considering their peculiar factual position, other tenants might have been granted time, but the applicant is not entitled for time to vacate for a period of more than six months. 2 The applicant is not pressing the revision application on merits and therefore, decree for possession will become final. Decree is only on the ground of default and the ground of bonafide need has 2 cra40.sxw been negatived. 3 If this revision application is to remain pending in this Court for final hearing, the same may not reach for final hearing, even by an optimistic estimate, within a period of 5 to 6 years. Considering the fact that the suit is of the year 2004, time to vacate deserves to be granted for a period of three years subject to applicant filing usual undertaking to vacate the suit premises. 4 Hence, I pass the following order : i) Revision application is dismissed as not pressed. ii)Notwithstanding the dismissal of the revision application, decree for possession shall not be executed till 25th September 2013 subject to condition of the applicant and all adult members of his family filing usual undertaking to vacate in this Court. Undertakings shall be filed within a period of four weeks from today with an advance copy to the Advocate for the respondent. iii)If proper undertakings are not filed within stipulated period, decree for possession will become forthwith executable. iv)There will be no order as to costs. JUDGE