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. 2409 of 2009 Kapil Jaidev Hingmire ..Petitioner v/s. Arvind Annarao Hingmire ..Respondents M.S.Karnik for the petitioner. S.S.Shah for the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : MARCH 13, 2009 : MARCH 13, 2009 : MARCH 13, 2009 P.C. . Heard Counsel for the parties. 2. No fault can be found with the concurrent conclusion reached by the two Courts below. Once the Petitioner admits the execution of the documents and contents thereof, it is not open to the Petitioner to argue to the contrary in view of the statutory presumption which cannot be rebutted only by way of oral evidence. 3. In the circumstances, no interference is warranted in exercise of writ jurisdiction. Dismissed. 4. At this stage Counsel for the Petitioner states on instructions that the Petitioner would like to vacate the suit premises on his own who should be given 2 reasonable time atleast of three months from today. 5. Counsel for the Respondent has no objection for showing this indulgence having regard to the fact that they are related to each other. 6. Accordingly, request made by the Petitioner for time to vacate through Counsel is accepted. Petitioner is granted time to vacate the suit premises on or before 30th June, 2009 subject to filing of usual undertaking in this Court within two weeks from today failing which it will be open to the Respondents to proceed with the execution of the order passed by the Lower Court. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]