Lsp 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 WRIT PETITION NO. 7049 of 2008 Far Enterprises & anr. ...Petitioner V/s. Shri Kirit Purshottam Kakad(deceased) & anr. ...Respondents Mr. P.S.Gidwani for the petitioner. V.Y.Sanglikar a/w Hemant Ingle for the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 28TH JANUARY, 2009 : 28TH JANUARY, 2009 : 28TH JANUARY, 2009 P.C. . Heard Counsel for the parties. 2. No interference in exercise of writ jurisdiction is warranted in the fact situation of the present case. 3. The fact that the petitioner had filed suit for declaration that he is tenant and that the same has been dismissed and that decision has become final, is not in dispute. Once that suit is decided against the tenant, it is unfathomable that the petitioner can be permitted to still agitate that he is a tenant in the suit premises, in the suit filed by the owner against him for possession on the assertion that he was a licencee. Instead, the only enquiry that was required to be made in the suit filed by the owner is about the cause for seeking relief of possession from the petitioner as a 2 licencee was justified or otherwise. That is precisely the purport of the view taken by the appellate Court, though it has recorded reasons running into about 23 pages. As aforesaid no interference is warranted. Dismissed. 4. At this stage, Counsel for the petitioner seeks time to vacate. According to the petitioner atleast 15 months time be granted to the petitioner. This request is objected by the Counsel for the Respondent on the ground that premises are kept locked and are not required by the petitioner. Without entering into this controversy, by way of indulgence petitioner is granted time to vacate till 31st July, 2009 on condition that the petitioner shall file usual undertaking in this Court within two weeks from today and also deposit all the outstanding dues/compensation payable in respect of suit premises within the same time failing which it will be open to the respondent to proceed with the execution of the decree in question. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]