1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL NO.363/2010 IN WRIT PETITION NO.2606/2010 (D) [Shri Yogesh s/o Kanchanlal Hasoriya .vrs. Hotel Balbir Inn Private Limited] WITH LETTERS PATENT APPEAL NO.364/2010 IN WRIT PETITION NO.2605/2010 (D) [Shri Ramamrthy s/o Narsimulu Reddy .vrs. Hotel Balbir Inn Private Limited] WITH LETTERS PATENT APPEAL NO.365/2010 IN WRIT PETITION NO.2607/2010 (D) [Shri Dilip s/o Daulatram Anandani .vrs. Hotel Balbir Inn Private Limited] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Shri B.G. Kulkarni, Advocate for the appellants, Shri A.G. Gharote, Advocate for the respondents. .......... CORAM : S.A. BOBDE & P.D. KODE, JJ. DATE : DECEMBER 8, 2010. Heard. These appeals are directed against the judgment and order passed by the learned Single Judge, dismissing the writ petitions challenging the 2 decree of eviction passed by the Small Causes Court and confirmed by the Appellate Court in the appeal. We find that the position of law has been correctly decided by the learned Single Judge. There is no merit in the contention of the appellants, who were admittedly the tenants were not lessees and, therefore, the suit was not tenable under the provisions of the Small Causes Courts Act. Shri B.G. Kulkarni, learned counsel, on instructions from the appellant, who is present in the Court, states that the appellant undertakes to vacate the premises within a period of 12 months and, therefore, the decree may not be executed during this period. In this view of the matter, we see no merit in the appeals. Hence, they are liable to be dismissed. We accordingly dismiss the appeals. However, the appellants shall not be evicted from the premises for a period of 12 months, in case, they file usual undertakings to the effect that they shall vacate the premises at the end of the aforesaid period, within a period of two weeks from today. JUDGE JUDGE Gulande