-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 74 OF 2009 CIVIL REVISION APPLICATION NO. 74 OF 2009 CIVIL REVISION APPLICATION NO. 74 OF 2009 Mr. Chandrakant Vishnu Sane .. Petitioner/Applicant. V/s. Shri Dattaram Bhaurao Kulkarni .. Respondent. --- Mr. Avinash Fatangare for the Applicant. Mr. P.M.Pradhan for the Respondent. ---- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 21st APRIL, 2009 DATED : 21st APRIL, 2009 DATED : 21st APRIL, 2009 P.C. : P.C. : P.C. : 1. Mr. Fatangare, learned counsel appearing for the petitioner/applicant, after taking instructions from the applicant, who is present in the court, states that if longer time to vacate the suit premises is granted, the applicant will not press this civil revision application. Mr. Pradhan, learned counsel for the respondent submits that he has no objection if the applicant is granted two years time to vacate the suit premises. 2. The applicant/petitioner is staying in the suit premises since 1971. At present both the sons of the applicant/ petitioner are residing separately; however, -: 2 :- the petitioner is staying in the suit premises along with his wife and unmarried daughter. 3. Taking into consideration the above fact and the statements made by the learned counsel for both the sides, in my view, interest of justice will be subserved by granting three years time from today to the applicant/petitioner to vacate the suit premises. 4. In view of the above, the learned counsel for the applicant/ petitioner seeks leave to withdraw the revision. Leave granted. Civil Revision Application is disposed of as withdrawn. 5. However, the applicant is granted three years time to vacate the suit premises on the following conditions : i. The applicant shall not induct or create any third party interest in the suit premises. ii. That the applicant/petitioner shall go on depositing monthly compensation regularly with the respondent landlord. iii. That the applicant, his wife and his unmarried daughter shall file undertaking in this court within a -: 3 :- period of three weeks from today to the effect that they will vacate the suit premises and hand over peaceful and vacant possession of the same to the respondent landlord on or before expiry of aforesaid period of three years. 6. In the event the applicant/petitioner’s failure to file undertaking as stated above, the decree shall stand executable immediately. (R.V.MORE,J.) .....