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. 8064 of 2008 Vasantbhai N. Amrelia ...Petitioner V/s. M/s. Jay Industries ...Respondents Mr. K.D.Naik for the petitioner. Mr. P.S.Dani for respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 15TH JANUARY, 2009 : 15TH JANUARY, 2009 : 15TH JANUARY, 2009 P.C. . In view of the finding of fact recorded by the Appellate Court that no evidence has been adduced by the defendant to substantiate his claim that he has purchased the suit premises from the petitioner for consideration, no interference is warranted in exercise of writ jurisdiction. The said finding of fact is unassailable. 2. Counsel for the Petitioner submits that petitioner was deprived of producing any evidence as his defence was struck of. There is nothing on record to show that petitioner took steps to question the correctness of the order striking out his defence. No argument was advanced before the Appellate Court. In other words, the plea taken by the petitioner-defendant that he has purchased the suit premises will have to be discarded. 2 It necessarily follows as has been rightly held by the Appellate Court that the respondent was entitled for decree of possession with regard to suit premises as the petitioner’s possession was only that of gratuitous licensee being in employment of the respondents. Accordingly, this petition is dismissed. 3. At this stage Counsel for the petitioner seeks time to move the Supreme Court by way of appeal against this order. The petitioner, if so advised, may do so within four weeks from today. The execution of the decree in question be kept in abeyance during that period. This indulgence is shown to the petitioner on condition that the petitioner shall pay all the outstanding dues and also file usual undertaking on or before 21st January, 2009 failing which it will be open to the respondents to proceed with the execution of the decree forthwith. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]