1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 01 OF 2010 IN WRIT PETITION NO. 4602 OF 2009 Deelip S/o Lakhichand Khinwansara.. .. Appellant Versus 1. Chandrakant Wamanrao Sonawane and others .. .. Respondents Shri P. G. Godhamgaonkar, Advocate for the Appellant. Shri S. P. Deshmukh, Advocate for the Respondent No. 1. Shri S. G. Sangle, Advocate for the Respondents No. 2 to 5. CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE : 08TH FEBRUARY, 2010. ORAL ORDER [ PER A. P. DESHPANDE, J. ] : 01. The present appellant is a tenant of the respondent/landlord who is in occupation of a premise which is being used for business purpose. The respondent initiated proceedings for eviction of appellant on various grounds including (1) need for bonafide 2 occupation of the premises and (2) the present appellant is having alternate accommodation, etc. The Trial Court decreed the suit and the appeal filed by the present appellant also came to be dismissed, prompting this appellant to file writ petition calling in question the order passed by the Appellate Court. Learned Single Judge has dismissed the writ petition by imposing cost. Aggrieved thereby this appeal has been filed. 02. This Court by an order dated 07th January, 2010 recorded statement made by learned counsel for the appellant that appellant is not pressing the appeal on merit and would only seek some time to vacate the premises. Hence, touching the only question of grant of time to vacate the premises, notices came to be issued. After service of notice the respondents have put in appearance. 03. The learned counsel for the appellant has sought two years time to vacate the premises, whereas, the learned counsel for the respondents has shown readiness for granting two months time. We have no doubt that both the parties are taking extreme position in regard to grant of time to vacate the premises. Having regard to the fact that the present appellant is an old tenant in the premises carrying on business, we deem it appropriate to grant time to the appellant to vacate the premises till 31st December, 2010, subject to the appellant's filing an undertaking in this Court that the 3 appellant shall not create any third party interest and/or part with the possession of the premises. The appellant shall also undertake to pay the amount of compensation every month as was being paid after termination of tenancy till he actually vacate the premises. Undertaking to be filed in this Court within a period of two weeks from today. The appellant shall also pay the cost awarded by the learned Single Judge to the respondents within the said period of two weeks. Subject to filing of an undertaking as set out hereinabove, there shall be stay of execution of the decree for eviction and possession till 31st December, 2010, though the Appeal is being dismissed. The Letters Patent Appeal stands dismissed with the above directions. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Feb. 2010