1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4921 OF 2008 P.Damodaran(deceased) through L.Rs. 1.Smt.Sukumaran Baby Damodaran & Ors. ..Petitioners. V/s. Shri Ismail Rajmohammed Patel. ..Respondent. WITH WRIT PETITION NO.5592 OF 2008 P.Damodaran(deceased) through L.Rs. 1.Smt.Sukumaran Baby Damodaran & Ors. ..Petitioners. V/s. Shri Ismail Rajmohammed Patel & anr. ..Respondents. Mr.R.M.Hardas i/b. Shri P.N.Joshi for petitioner. Mr.P.S.Dani i/b. M/s.Chitnis Vaithy & Co. for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 20, 2009. DATE : FEBRUARY 20, 2009. DATE : FEBRUARY 20, 2009. P.C. : P.C. : P.C. : 1. It is intriguing that the matter has remained pending inspite of opinion on merit is already recorded as back as on 13th August, 2008. The only limited aspect that was required to be considered is to give time to vacate as prayed by the Petitioner in respective Petitions. The matters however are notified under caption "admission(after notice)" 2 instead of caption "direction". 2. Be that as it may, when the matter is called out today, the learned Counsel for the Petitioners prays that the Petitioners be granted time to vacate till May, 2009. It is not possible to countenance this request. As a matter of fact the Petitioners have already enjoyed sufficient time since August, 2008 on account of pendency of the present Petition due to obviously mistake of the court. 3. Counsel for the Respondent submits that even if time to vacate is to be granted, that should not exceed one month from today. 4. Counsel for Petitioners on instructions states that the Petitioners shall abide by that arrangement. 5. The Petitioners in the respective Petitions shall vacate the suit premises on or before 20th March, 2009, failing which, it will be open to the Respondent landlord to proceed against the Petitioners. 6. The Petitioners through Counsel undertakes 3 that vacant and peaceful possession of the premises in the respective Petitions will be handed over to the Respondent/landlord on or before 20th March, 2009, without requiring the landlord to proceed with the execution. That assurance is accepted. 7. Petitions disposed of accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)