1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LPA NO. 362 OF 2009 IN WRIT PETITION NO. 1099 OF 2009 (Gangadhar Domaji Kurwade vs. Hotel Balbir Inn. Pvt. Limited) AND LPA NO. 363 OF 2009 IN WRIT PETITION NO. 1069 OF 2009 (Kusumbai Madhukar Adikane & Ors. vs. Hotel Balbir Inn. Pvt. Limited) AND LPA NO. 364 OF 2009 IN WRIT PETITION NO. 1325 OF 2009 (Vijay Gangadhar Kurwade vs. Hotel Balbir Inn. Pvt. Limited) WITH LPA NO. 383 OF 2009 IN WRIT PETITION NO. 1223 OF 2009 (Manohar Shivram Adikane vs. Hotel Balbir Inn. Pvt. Limited) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. SEPTEMBER 07, 2009. We had heard Shri Abhyankar, learned counsel for the appellants and Shri Gharote, learned counsel for the respondent on earlier occasion and thereafter we had inquired whether the appellants would be satisfied if some time is given to them to vacate. Shri Abhyankar, learned counsel today, upon instructions, states that the appellants would be satisfied if time of one year is given to them to vacate. He points out that the business being carried out in the premises in dispute is the only source of livelihood for these appellants. Shri Gharote, learned counsel for the 2 respondent, who initially opposed the request, after instructions from his client has made a statement that if the appellants file an undertaking accordingly before this Court, the respondent will not execute decree for possession for one year. In view of this position, we direct the appellants to file an undertaking that they will vacate the premises and hand over the vacant possession to the respondent by 30th September 2010. The undertaking be filed by 22nd September 2009. If the undertaking is so filed, the respondent shall not execute the impugned decree insofar as it relates to possession till 30th September 2010. In case the undertaking as directed is not filed by 22nd September 2009, the respondent will be free to proceed further with execution in accordance with law. Subject to these directions, the Letter Patent Appeals are disposed of. However, there shall be no order as to costs. JUDGE JUDGE *GS.