1 SECOND APPEAL NO.156/10 with CA 435/10 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.156 OF 2010 WITH CIVIL APPLICATION NO.435 OF 2010 Shrirang Kishan Khade : Appellant versus Smt.Shakuntala Manohar Ghade : Respondents. Mr. Himanshu Dasondi for the Appellant. Mr. A B Tajane for the Respondents. CORAM : R M SAVANT, J. DATE : 02nd August 2010 P.C. 1 Heard the learned counsel for the parties. 2 There are concurrent findings recorded by both the courts below to the effect that the Plaintiff is a trespasser in the suit property. Both the courts below have considered the document allegedly executed on 22/5/1998. Both the courts have also concurrently held on the basis of the documentary evidence on record produced by the appellant that his case that he was residing in the premises in question with the tenant Smt.Chandrabhaga at the time of her death cannot be accepted. In my view, no substantial question of law is involved in the above Second Appeal. The above Second Appeal is accordingly dismissed. 3 On the request of the learned counsel for the Appellant Mr.Himanshu Dasondi, the appellant is granted time up to 31st January 2011 to vacate the premises 2 SECOND APPEAL NO.156/10 with CA 435/10 in question. The said time is granted on the condition that appellant executes usual undertaking and files the same in this Court within a period of two weeks from date and furnishes a copy of the same to the learned counsel for the Respondents. If no such undertaking is filed within the time stipulated by this Court as above, the Respondent would be free to execute the decree in question in accordance with law. 4 In view of the dismissal of the above Second Appeal, the Civil Application No.435 of 2010 does not survive and the same is accordingly disposed of as such. [R.M.SAVANT, J]