1 wp 2991.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2991 OF 2011 Milind Padmakar Kudwadkar & ors. .. Petitioners Versus Shriniwas Madhav Bhandari .. Respondent Shri K. C. Sant, Advocate for Petitioners. Shri M. C. Jain, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 20TH JUNE, 2011. PER COURT : . This Court on 21.04.2011 had passed an order issuing notice only for the purpose for granting some time to petitioners to vacate the suit premises. 2. Both the Courts have decreed the suit of the plaintiff for possession and recovery of arrears of rent. There are concurrent findings of fact. The personal need of the landlord has been established. The said findings are arrived at on consideration of the entire evidence on record. No perversity in the appreciation of the evidence. As such, no case is made out for interference in the writ jurisdiction of this Court under Article 227 of the Constitution of India. 2 wp 2991.11 3. Shri Sant, the learned counsel contends that it is a commercial place and as such two years time may be given to vacate the suit premises. Shri Jain, the learned counsel for the respondent submits that in fact, the petitioners are not occupying the premises and not running any business in the suit premises, no time may be given to vacate the premises. Taking into consideration the fact that petitioners are in possession of the suit premises for more than 25 years, I am inclined to grant some time to petitioners to vacate. The petitioners are granted six (6) months time to vacate the premises on condition that the petitioners shall submit an undertaking to this Court within a period of two weeks from today that the petitioners shall hand over the vacant and peaceful possession of the suit premises to the present respondent on or before 20th December, 2011. The filing of undertaking is a condition precedent. The petitioners shall also pay the rent during this period and shall not create any third party interest or encumbrance over the suit property. The writ petition is dismissed with above observations. [ S. V. GANGAPURWALA, J. ] bsb/June 11