:: 1 :: rpa 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.485 OF 2008 CIVIL REVISION APPLICATION NO.485 OF 2008 CIVIL REVISION APPLICATION NO.485 OF 2008 Clement Pramanik Desai .. Applicant V/s. Sayyed Abdul Aziz .. Respondent Mr.J.S.Kini i/b.Mr.Suresh Dubey for the Applicant. Mr.P.B.Gujar for the Respondent. CORAM : S.J.VAZIFDAR, J. CORAM : S.J.VAZIFDAR, J. CORAM : S.J.VAZIFDAR, J. DATE : 17TH OCTOBER, 2008. DATE : 17TH OCTOBER, 2008. DATE : 17TH OCTOBER, 2008. P.C. :- P.C. :- P.C. :- . The impugned order warrants no interference. The suit premises admeasures 10ft. X 12 ft. and the balcony. There is hardly any doubt that the Respondent bona-fide requires the premises. At present, the Respondents family residing in the adjoining area comprises of parents, two married sons and their children. They have only three small rooms available at present. :: 2 :: 2. Moreover, the Petitioner has admitted that alternative accommodation is available. In the circumstances, the Civil Revision Application is dismissed. The time to vacate the same is extended upto an inclusive of 31st October, 2008 subject to the Respondents filing the usual undertaking within four weeks from today. 3. It is also made clear that this long period is granted, although, there is clearly no warrant for the same and only in view of Mr.Kini’s mercy petition and his agreement to file an undertaking that he will not file any application for extension. The undertaking shall also be to the effect that the Petitioner will hand over quite, vacate and peaceful possession of the suit premises to the Respondents without forcing the Respondents to adopt/institute execution proceedings. 4. It is in view of this undertaking not to apply for extension that this long period is granted without imposing conditions requiring the Petitioner to pay market compensation on the basis of leave and license for the continued occupation of the premises. :: 3 :: (S.J.VAZIFDAR, J.) (S.J.VAZIFDAR, J.) (S.J.VAZIFDAR, J.)