1 cra410 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.410 OF 2011 Bhiku Dedsalbhal Butia (since deceased through his Lrs) ...Applicants vs. Sikandar Hasansaheb Tasilkar (since deceased through heirs) ...Respondent Mr.A.D.Magdum i/b Mr.S.S.Patwardhan for the applicants Mr.Amit Borkar for the respondent nos.1(a) to 1(d) to 2(a) to 2(f) CORAM : A.S.OKA,J. DATE : NOVEMBER 18, 2011 P.C.: 1 Heard the learned counsel for the applicants and the learned counsel for respondent nos.1(a) to 1(d), 2(a) to 2(f). Perused the order dated 6 th July 2011. The applicants have sought time till 31 st December 2011 to vacate the suit premises. As recorded in the said order, undertakings of the applicant nos. 1(a) to 1(c) dated 2 nd July 2011 have been already filed on record. However, there is no undertaking filed by the applicant no.1(d). Time is sought to vacate the suit premises only till 31 st December 2011. Three of the applicants have given undertakings. Therefore, time deserves to be granted as prayed. From the order dated 6 th July 2011, it is obvious that the civil revision application was not pressed on merits and the only request made was for grant of time to vacate. A reasonable time deserves 2 cra410 to be granted to the revision applicant no.1(d) to file the undertaking. 2 Hence, I pass the following order : i) Revision Application is dismissed with no order as to costs. ii)Notwithstanding the dismissal of the revision application, the decree for possession shall not be executed till 31 st December 2011 subject to the condition of the applicant no.1(d) filing usual undertaking in this Court within a period of four weeks from today. The undertakings of the applicant nos.1(a) to 1(c) are accepted. iii)If the applicant no.1(d) fails to file undertaking within a period of four weeks from today, the decree for possession shall forthwith become executable. JUDGE