1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4813/2009 (Pandurang Hirudkar ..vs.. Chintaman Madankar) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 12, 2009 Heard Advocate Shri S.L.Kotwal for petitioner. Matter was heard on10/11/2009 and time was given to him to find out whether petitioner was interested in vacating within particular time. Today, learned counsel states that petitioner is not ready and willing to vacate. He further states that if this court id dismissing the petition, the order of dismissal should be stayed for a period of 06 weeks. The eviction of petitioner was sought on the ground of bona fide need by landlord, who is retired in 2003. He has proved his need and the earlier litigation on which petitioner is banking, has not considered said need. The landlord wants to have a grocery shop and 2 therefore, the alleged letting out of rooms on first floor by him does not militate with that need in any way. The courts below have appropriately evaluated the evidence and the hardship also. No case is made out warranting any exercise in writ jurisdiction in the matter. As this court is dismissing the petition without issuing notice to other side, there is no question of protecting the possession of petitioner further and hence said request of Advocate Shri Kotwal is rejected. JUDGE Diwale.