1 11 cra.568.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 568 OF 2011 Ravishivram Maiya Rao. ... Applicant Versus Laxman Pandurang Sade (deceased) 1. Smt. Revati Laxman Sade and others. ... Respondents ----- Mr. Sunil R. More for the Applicant. Mr. Nandkumar Laxman Sade – Respondent No.2 appearing in- person. ----- CORAM : A.S.OKA, J. DATE : 20 th December, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant. After arguing the revision application for sometime, on instructions he states that he is not pressing the revision application on merits. However, he submits that the decree is only on the ground of arrears of rent and all the arrears have been deposited. He submits that the suit premises is very small and the Applicant is occupying the suit premises 2 11 cra.568.11 for considerably long time. He, therefore, prays for grant of time to vacate of 2 and ½ years. The Respondent No.2 appearing in-person opposes the prayer and submits that time to vacate cannot be granted. 2 The decree for possession is in respect of the residential premises. The decree is passed only on the ground of default. The Applicant is not pressing the revision application on merits. Therefore, the decree will attain finality. If this revision application was to remain pending in this Court for final hearing, the same may not have reached hearing for next few years. Considering the aforesaid aspects, time of two years to vacate deserves to be granted. 3 Hence, Is pass the following order: i. The civil revision application is dismissed as not pressed ; ii. Notwithstanding the dismissal of the revision application, the decree for possession shall not be executed till the 20 th December, 2013 subject to condition of the Applicant and all the adult 3 11 cra.568.11 members of his family filing usual undertakings in this Court within a period of four weeks from today ; and iii. If the usual undertakings are not filed within the stipulated time, the decree for possession shall forthwith become executable. [ A.S.OKA, J ]