1 41cra778-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL REVISION APPLICATION NO.778 OF 2011 Murlidhar Mahadev Bartakke .. Petitioner V/s. Nandkumar Meghraj Rathi (Since deceased through LR’s) Smt. Suman Nandkumar Rathi & Ors. .. Respondents ..... Mr. Amit Sale for the applicant. Mr. R. A. Thorat i/b. Mr. P. J. Thorat for the respondents. ..... CORAM : A.S.OKA, J. DATE : DECEMBER 15, 2011. P.C.: Heard the learned counsel appearing for the parties. On the instructions of the applicant, the learned counsel appears for the applicant states that he is not pressing the Revision Application on merits. He pointed out that the applicant has been carrying on business from the year 1960 in the suit premises. He stated that the business is being carried on in a prime locality. He submits that longer time of about 4 to 5 years to vacate the suit premises be granted so that appropriate arrangement can be made by the applicant for shifting his business. He states that the applicant is willing to give an undertaking to vacate. The prayer for grant of longer time is opposed by the learned counsel appearing for the respondents. He submits that reasonable time may be granted. 2. The applicant is carrying on business in the suit premises 2 41cra778-11 form the year 1960. The suit premises is situated in Satara. The applicant has made the statement that he has not pressing the Revision Application on merit. Therefore, the decree for possession will become final. If this Revision Application of 2011 was to remain pending in this Court for final hearing, the same may not have reached final hearing for few years. Considering the peculiar facts, time to vacate deserves to be granted of a period of about three years and four months. 3. Hence, I pass the following order: :: O R D E R :: i. The Revision Application is dismissed as not pressed. ii. Notwithstanding the dismissal of the Revision Application, it is directed that decree for possession shall not be executed till 31st March, 2015 subject to condition of the applicant filing usual undertaking to vacate the suit premises within a period of four weeks from today. The undertaking shall be filed in this Court. If the applicant fails to file the undertaking within stipulated period, the decree for possession shall forthwith become executable. (A.S.OKA, J.)