1 Cra-461.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.461 OF 2010 Sudhakar Waman Pathare, since deceased through Lrs- Sharmila Sudhakar Pathare & Anr. .. Applicants. Vs Jalindar Dinanath Mantri, since deceased through Lrs :- Jayendra Jalindar Mantri & Ors. .. Respondents -- Shri Sunil Dighe for the Applicants. Shri C.N. Chavan with Shri Sharad Ambekar for Respondent Nos.1 to 5. -- CORAM : A.S.OKA, J. DATE : 19TH OCTOBER, 2010 P.C: . Heard learned counsel appearing for the Applicants and the learned counsel appearing for the 1st to 5th Respondents. The learned counsel appearing for the Applicants states that the applicants are not pressing the Revision Application on merits but longer time to vacate for more than three years be granted considering the fact that the 1st Applicant is 67 years old who is physically handicapped. The prayer is opposed by the learned counsel appearing for the 1st to 5th Respondents. He states that the Applicants are in arrears of rent. 2 Cra-461.10 2. The Applicants are not pressing the Revision Application on merits and are ready and willing to file usual undertaking to vacate. Hence, the decree for possession will attain finality. Considering the peculiar facts of the case, time of three years to vacate the suit premises deserves to be granted. Time of six weeks is granted to deposit the entire arrears of rent payable upto 31st October, 2010. A clause shall be incorporated to that effect in the undertaking. 3. Hence, the Revision Application is disposed of by passing the following order. (a) Revision Application is dismissed as not pressed. (b) Notwithstanding dismissal of the Revision Application, the decree for possession shall not be executed till 19th October, 2013 subject to the Applicants and adult members of the family of the Applicants residing with them in the suit premises filing an usual undertaking in this Court. (c) Undertaking shall contain a clause that the amount of arrears of rent equivalent to monthly rent shall be deposited by the Applicants with the Trial Court within 3 Cra-461.10 a period of six months from today and that from November, 2010, the Applicants shall keep on depositing the amount equivalent to rent regularly and punctually on or before the 10th day of every calender month. (d) The Original Plaintiffs are entitled to withdraw the amount deposited by the Applicants. (e) If undertaking is not filed within a period of four weeks from today, the decree for possession shall become forthwith executable. (f) There will be no orders as to costs. (A.S.OKA, J)