1 cra376-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.376 OF 2010 Bhagwati Prasad Kedar Singh ..Applicant Vs. Kadedeen Singh Kedar Singh ..Respondent WITH CIVIL REVISION APPLICATION NO.455 OF 2009 Bhagwati Prasad Kedar Singh ..Applicant Vs. Ramassare Singh Ramdhari Singh ..Respondent. -- Ms.Bharati Laskar, for applicants. Ms.S.S.Bangera i/b.Mr.A.R.Mishra, for respondent no.2. -- CORAM : A.S.OKA, J. DATE : 26 th NOVEMBER, 2010 P.C: Learned counsel for the applicant, on instructions of the applicant, states that the applicant is not pressing the Revision Applications on merits. However, she prays that longer time to vacate the suit premises 2 cra376-10.sxw may be granted, considering the fact that the appellant is occupying the premises for several years. The said prayer of the applicant is opposed by learned counsel for the plaintiff in the suit for eviction. 2] The decree for possession has been passed in favour of the plaintiff in the suit for eviction against the applicant who is his real brother. The applicant has been residing in the suit premises for a long time. The applicant has shown willingness to give undertaking of himself and his adult family members to vacate the suit premises. Moreover, the applicant is not pressing the Revision Applications on merits and, therefore, the decree for possession will become final. 3] Considering the relationship between the parties, time of three years deserves to be granted to vacate the suit premises. 4] Hence, I pass the following order :- (a) Revision Applications are dismissed as not pressed. (b) Notwithstanding the dismissal of the Revision Applications, the decree for possession in L.E.Suit No. 499 of 2001 shall not be executed till 30 th November, 2013, subject to the applicant and all his adult family members filing usual undertakings in this court to vacate the suit premises. (c) Undertakings shall be filed within a period of four weeks from today. If compliance is not made by filing 3 cra376-10.sxw undertakings within the stipulated time, the decree for possession will become executable forthwith. (d) The parties to act on authenticated copy of this order. (e) Civil Application Nos.61 of 2010 and 242 of 2009 do not survive and the same are disposed of. [A.S.OKA, J]