1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.7 OF 2008 Mrs.Queenie Miranda ..Applicant V/s. Anthony Rebello ..Respondent Mr.R.M.Haridas, advocate, for applicant Mr.J.M.D'Silva a/w. Mr.J.D.Fernandes, advocate, for respondent CORAM : J.H.BHATIA, J. DATE : 15TH JANUARY, 2008 P.C. . Heard the learned counsel for the parties. The respondent is a landlord. In the year 2001, he had filed a suit for eviction against the defendant/present applicant on the ground of reasonable and bona fide requirement of the flat for residential use because plaintiff was about 59 years and was likely to retire within a short time. The suit was decreed on 6th May, 2007. The trial Court granted six months time to vacate the premises. Against the decree, the defendant preferred an Appeal No.518 of 2005. The Appeal was dismissed vide Judgment dated 13th November, 2007 2 and eight weeks time was granted to challenge the Appeal. 2. It is an admitted fact that when the suit was filed, the defendant/applicant was having another flat which was purchased by her. Pending the suit for eviction, the defendant disposed of that flat. The learned counsel for the original defendant prayed for giving her sufficient long time to vacate the flat on the ground that she is aged about 73 years and she is alone, that she is well acquainted with her neighbourers and therefore, it is very difficult for her to move to any other locality. According to him, her neighbourers are as good as her relatives. The learned counsel for the respondent/plaintiff contends that both the plaintiffs are retired from service and they want to live in Mumbai but they have no place and therefore, they are compelled to live in Delhi. Taking into consideration these circumstances and conduct of the defendant, I find no substance in the Revision Application. In the result, the Revision Application stands rejected. 3 3. At this stage, after taking instructions from the applicant, the learned counsel for the applicant submits that the applicant shall give an undertaking to the effect that she whould vacate the premises within six months. The learned counsel for the respondent has no objection. In view of this, subject to the applicant filing an undertaking within two weeks before this Court that she would vacate the premises within six months from this date without creating obstruction and shall also not create any third party interest. If the applicant failed to file an undertaking within a stipulated time, the decree may be executed. (J.H.BHATIA, J.)