: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.5897 OF 2007 NO.5897 OF 2007 NO.5897 OF 2007 Shri.Yashwant Haribhau Bajare .. Petitioner Versus Smt.Saraswatbai Arjun Kudale & Ors. .. Respondents. Mr.Shivram S.Kulkarni for the petitioner. Ms.Kiran Bhagadia i/b.Asha Bambwani for respondent No.1. CORAM CORAM CORAM : : : D.B. BHOSALE, J. D.B. BHOSALE, J. D.B. BHOSALE, J. DATE DATE DATE : 29th February, 2008. : 29th February, 2008. : 29th February, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. 2. Mr.Kulkarni, learned Counsel appearing on behalf of the petitioner, after arguing this writ petition for some time, on instructions from his client, who is present in the Court, submitted that if the petitioner is given sufficient time to vacate the suit premises, he has instructions not to press this writ petition on merits. He prays for two years time to vacate the suit premises. Ms.Kiran Bhagadia, learned Counsel appearing for respondent No.1, though did not consent for two years time, fairly stated that she has no objection granting some reasonable time, subject to usual Undertaking being filed by all the adult members in possession of the suit premises. 3. Having considered the submissions of learned : 2 : Counsel for the parties and keeping in view overall facts and circumstances of the case, I am satisfied that the following order shall meet the ends of justice :- i) "The petitioner shall vacate the suit premises on or before 28th February, 2009. The petitioner and all the adult members in his family, who are in possession of the suit premises, shall file usual Undertaking in this Court within a period of three weeks from today with an advance copies thereof to the learned Counsel for respondent No.1. ii) If the petitioner fails to file the Undertakings, as aforestated, it will be open for respondent No.1 to execute the decree in accordance with law". 4. With these observations, instant writ petition is disposed off. (D.B.BHOSALE, (D.B.BHOSALE, (D.B.BHOSALE, J.) J.) J.)