1 cra460.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.460 OF 2010 Mallinath Bhimashankar Upase ...Applicant vs. Mallikarjun Rachappa Bijapure & Ors. ...Respondents Mr.A.Y.Sakhare, Sr.Adv. With Mr.Siddharth Karpe i/b Y.K.S.Legal for the applicant Mr.G.S.GOdbole i/b Mr.A.S.Kulkarni for the respondent nos.2 to 4. CORAM :A.S.OKA,J. DATE : OCTOBER 12, 2010 P.C. 1 On instructions of the applicant, the learned counsel for the applicant states that the applicant does not desire to press the civil revision application on merits. But he prays that a longer time to vacate the suit premises be granted subject to filing usual undertaking to vacate. The prayer for grant of time is opposed by the learned counsel for the respondent. 2 Considering the facts and circumstances of the case, time of more than two years deserves to be granted to the applicant to vacate the suit premises especially when the decree will become final as the applicant is not pressing the petition on merits. 3 Hence, I pass the following order : i) Revision application is dismissed as not pressed. ii)Notwithstanding the dismissal of the revision 2 cra460.sxw application, the decree for possession shall not be executed till 31 st December 2012 subject to condition of the applicant filing usual undertaking to vacate the suit premises setting out therein the names of the persons who are carrying on business along with him in the suit premises. iii)Along with his own undertaking, the applicant shall also file undertakings of all the persons named in the undertaking. iv)If the undertakings as aforesaid are not filed within a period of four weeks from today, decree for possession will forthwith become executable. v) There will be no order as to costs. JUDGE