1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5642 OF 2009 MAHADEORAO RAMBHAU BUNDE. -: versus :- SMT. SUNDAR BAI MANSUKHLALJI PATERIYA. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N.A. Jachak, Advocate for Petitioner. Shri S.D.Dharaskar, Advocate for Respondent. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 16, 2010. 1. Heard Advocate Shri Jachak for petitioner / tenant, Advocate Shri Dharaskar for respondent/ landlord. 2. Before addressing the Court on merits Advocate Jachak states that if the petitioner can be accommodated in the tenanted premises up to 31.10.2010 the petitioner would like to vacate the same. The petitioner has got marriageable daughter and therefore, he needs reasonable time to vacate. Advocate Shri Dharaskar opposing the request points out that the petitioner is aware since 2004 that he has to vacate the premises. The learned counsel for the respondent/landlord has shown certain photographs to demonstrate dilapidated condition of the suit premises. He states that the premises can come down at any time thereby jeopardising the life and property of the neighbours. 2 3. After hearing the respective counsel, I find that the decree passed is under Section 15 of the Maharashtra Rent Control Act, after holding the petitioner / tenant to be in arrears. 4. Both the Courts have appreciated relevant evidence and the finding does not appear to be perverse. In these circumstances, I am not inclined to interfere in the matter by exercising writ jurisdiction. 5. The dilapidated condition is not reason for passing decree and hence, that ground is pressed into service by Shri Dharaskar to show urgency cannot be appreciated here. Looking to the nature of the difficulty pointed out by the petitioner, though the writ petition is dismissed, the petitioner is given time till 20th July, 2010 to vacate the premises. The same shall be subject to petitioner filing an undertaking with the Registry of this Court within a period of ten days from today, thereby accepting to vacate by said date after clearing all arrears on account of rent / occupation charges, electricity and water charges. 3 6. If such undertaking is filed with the Registry of this Court, with advance copy thereof for learned counsel for the respondent, the petitioner shall get time till 20th July, 2010 to vacate. If the petitioner fails to file such undertaking within stipulated time, the respondent-landlord shall be free to execute the decree. 7. With this observation, the writ petition is disposed of. No costs. JUDGE RR