:1: :1: :1: 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. 9182 OF 2007 Shri Ganesh N.Pawar ...Petitioner Versus The Municipal Corporation of Gr.Mumbai ....Respondents Madhav Jamdar, Adv. for the petitioner. A.Y.Bhor Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. 11th January, 2008. P.C. P.C. P.C. : : : 1. This petition is by the petitioner who claims to be the heir of the retired/deceased municipal employee. The deceased had retired from the services :2: :2: :2: on super-annuation on 19.9.1982. The premises were not vacated and therefore the proceedings for eviction under the Mumbai Municipal Corporation Act, 1888 were initiated which resulted in orders of eviction by the competent authority. The appeal has also been dismissed. 2. Here also, the grievance is that the terminal dues have not been released. However, Mr.Bhor after taking instructions makes a statement that the original allottee/deceased employee Narayan Pawar was in the employment as a driver and has received the terminal benefits, so also, the pension. In such circumstances, so also, considering the fact that there is a concurrent finding that the heirs could not have retained the premises, in my view no interference is necessary with the orders of eviction. 5. However, a request is made for time to vacate which is opposed. Upon the petitioner filing an undertaking in this court within a period of ten days, stating therein that he is in possession of the premises and he and his family members alone are occupying the same, :3: :3: :3: that he would pay the compensation with regard to the same, that he would hand over vacant and peaceful possession of the Staff quarters without seeking any extension , that it is directed that the petitioner shall not be evicted from the municipal premises/staff quarters till 30.6.2008. 6. Upon the failure to file the Undertaking, the orders of eviction would become executable and enforceable forthwith and thereafter the respondent can proceed to evict the petitioner in accordance with law. Petition dismissed. No order as to costs. *******