kbp 1 2146-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2146 OF 2009 IN WRIT PETITION NO.1271 OF 2009 Ramdhani Jagnarayan Yadav ..applicant Vs. Ramnaresh Bacha Yadav (since deceased) through Lrs. ..Respondents ......... Mr.S.M.Kamble, for applicant. Mr.V.R.Tripathi, for respondent no.1. Mr.R.G.Dubey, for respondent nos.2 to 5. ....... CORAM : A.S.OKA, J.. DATE : 12 th OCTOBER, 2009. P.C. : 1] Heard learned counsel for the applicant, learned counsel for the first respondent and learned counsel for the rest of the respondents. 2] The writ petition filed by the applicant petitioner has been rejected. While rejecting the petition by order dated 10 th February, 2009 time to vacate the suit premises was granted to the applicant till the end of August, 2009. By the present application, a prayer is made for extension of time by a further period of six months. The application is opposed by the learned counsel for the first respondent by submitting that the applicant has another premises available. kbp 2 2146-09.sxw The said application is also opposed by the learned counsel for the rest of the respondents. 3] Considering the averments made in the application, by way of indulgence, time deserves to be extended till 31 st December, 2009. However, usual undertaking will have to be filed by the applicant in this court on or before 5 th November, 2009. 4] Hence, the Civil Application is disposed of by passing the following order:- (a) Time to vacate the suit premises is extended till 31 st December, 2009, subject to condition that the applicant shall file a fresh undertaking in this court on or before 5 th November, 2009. If the undertaking is not filed within the stipulated time, the decree will become forthwith executable. It is made clear that no further time will be granted. (b) Civil Application is disposed of in the above terms. ( A.S. OKA, J. )