IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1790 OF 2007. APPLICATION NO.1790 OF 2007. APPLICATION NO.1790 OF 2007. IN IN IN SECOND SECOND SECOND APPEAL NO.390 OF 2001. APPEAL NO.390 OF 2001. APPEAL NO.390 OF 2001. Sitaram Laxman Purav & Anr. ...Applicants Versus Mahendra Sudam Thakur & Ors. ...Respondents Shri Sitaram Laxman Purav- applicant No.1 in person. Ms Madhavi Mhatre for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 11th January, 2008. : 11th January, 2008. : 11th January, 2008. P.C.: P.C.: P.C.: 1. Heard the first applicant appearing in person and the learned advocate for respondents. The applicants were granted time to vacate till 31st December, 2007. The prayer of the first applicant appearing in person is that considering the fact that his present age is 78 years and he is suffering from various ailments, he may be permitted to occupy the suit premises during his lifetime. He has stated that he is very poor and he cannot afford to have any other premises. 2. Application is opposed by the advocate for respondents by contending that the first applicant has a son who resides in Bombay. ... 2 ... 3. I have considered the submissions. The original suit is of the year 1991 and this Court has dismissed the appeal on 23rd February, 2005. Considering all these aspects, the prayer made in the application cannot be acceded to. However, time granted to vacate can be extended for a period of six months provided that first applicant furnishes undertaking in usual form. 4. Hence, application is disposed of by directing that time granted to the first applicant to vacate the suit premises is extended till 30th June, 2008 subject to condition of the said applicant filing usual undertaking to vacate in this Court within a period of four weeks from today. If undertaking is not filed, a decree for possession will become executable. JUDGE JUDGE JUDGE