1 fa164 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.164 OF 2010 Ramakant Sona Bhongale ...Appellant vs. The Saswad Mali Sugar Factory ...Respondent Mr.Milind Deshmukh for the appellant Mr.M.A.Utagikar for the respondent CORAM : A.S.OKA,J. DATE : FEBRUARY 21,2011 P.C.: 1 Heard learned counsel for the appellant and the learned counsel for the respondent. The learned counsel for the appellant on instructions of the appellant states that the appellant is not pressing the appeal on merits, but a longer time of at least one and half year to vacate the suit premises be granted. The learned counsel for the respondent opposes the said prayer. 2 The appellant is not pressing the appeal on merits and hence the decree for possession will attain finality. The suit premises is a residential premises and the appellant is occupying the same for considerable length of time. Considering the facts of the case, time to vacate deserves to be granted till the end of June 2012 subject to the applicant and all adult members of his family filing usual undertakings to vacate. 3 Hence, I pass the following order : i) Appeal is dismissed as not pressed with no order as to costs. ii)Notwithstanding the dismissal of the appeal, decree 2 fa164 for possession shall not be executed till 30th June 2012 subject to condition of the applicant and all adult members of his family filing usual undertakings in this Court to vacate the suit premises on or before 30th June 2012. iii)If such undertakings are filed within a period of four weeks from today, the decree possession shall not be executed till 30th June 2012. If undertakings are not filed within stipulated time, decree for possession will forthwith become executable. iv)Civil application no.385 of 2010 does not survive and the same is disposed of. JUDGE