1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 396 OF 2010 WITH CIVIL APPLICATION NO. 1004 OF 2010 Arunkumar Rupchand Sharma ..... Appellant Vs. Kalpana Bhikanrao Sonawane & anr.... Respondents Mr. N.R. Bubna Adv. for the appellant Mr. M.M. Sathaye Adv. for the respondent. CORAM : R.G. KETKAR, J. DATE : 4th August, 2010. P.C. : 1. Heard Mr. Bubna, learned counsel for the appellant and Mr. Sathaye, learned counsel for the respondents. 2. This appeal is directed against the judgment and decree dated 30-4-2010 passed by the learned Ad-hoc District Judge-1, Malegaon, Nashik in Civil Appeal No.152/2001 arising from the judgment and decree dated 10-7-2001 passed by 3rd Jt. Civil Judge, Junior Division, Malegaon, Nashik, in Regular Civil Suit no. 94/93. The respondent no.1 instituted suit under the provisions of Transfer of property Act, 1882 for 2 recovery of possession of property bearing survey no. 14/1- A-2/1B/1/A/1, Plot no.26, admeasuring 2000 sq.fts. situate at Soyagaon, Tal. Malegaon. The courts below decreed the suit, against which the defendants have preferred the above Second Appeal. 3. Heard the learned counsel for the parties. During the course of the hearing, Mr, Bubna on instructions stated that he will not press this appeal provided reasonable time to vacate is given. He prayed for two years time to vacate, on furnishing undertaking. Mr Sathaye on instructions from respondent no.1 landlady submitted that at the highest three months time to vacate the premises may be given. In order to enable the learned counsel to obtain instructions, the matter was adjourned from time to time. Mr. Bubna submitted that in all 22 members are residing in the suit property and therefore he prayed two years’ time. 4. Considering the controversy between the parties, as also there are 22 members in the family of the appellant, time to vacate till 31-7-2011 would be reasonable. Subject to all the adult members of the appellant furnishing their undertaking within four weeks from today, time to vacate upto 31st July 2011 is granted. In view of this, appeal is allowed 3 to be withdrawn subject to furnishing undertaking within four weeks from today, The appellant shall give advance copy of the undertaking to the learned counsel for the respondents. On furnishing such undertaking within four weeks from today, the decree shall not be executed till 31st July 2011. The appeal stands dismissed as withdrawn with no order as to costs. 5. In view of the dismissal of the Second Appeal, no orders are necessary in the civil application and the same is also disposed of with no order as to costs. [R.G. KETKAR, J.]