: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.971 OF 2007 SECOND APPEAL NO.971 OF 2007 SECOND APPEAL NO.971 OF 2007 WITH WITH WITH CIVIL APPLICATION NO.1759 OF 2007 CIVIL APPLICATION NO.1759 OF 2007 CIVIL APPLICATION NO.1759 OF 2007 Santosh Anantrao Vankudre, Deceased, . Thru’ Mangala Santosh Vankudre & Ors. ...Appellants V/s. Raghunandan Prabhakar Vankudre & Ors. ...Respondents Mr.N.V. Walawalkar, Sr. Counsel, i/b. G.H. Keluskar, for the Appellants. Mr.Amit Borkar, Advocate, for Respondent No.3. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 18TH FEBRUARY, 2008. DATE : 18TH FEBRUARY, 2008. DATE : 18TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard learned Senior Counsel appearing for the appellants. On instructions of the appellants he stated that the appellants are not pressing the Appeal on merits. He, however, submits that considering the fact that the Decree for possession relates to a commercial premises which are occupied by the appellants for a long time, a longer time to vacate may be granted. He states that the appellants are ready to file usual undertaking to vacate. The said prayer is opposed by the Advocate for the respondents. 2. Considering the fact that the Second Appeal is : 2 : being withdrawn unconditionally, the Decree passed by the Courts below will attain finality. If this Appeal was to remain pending for final hearing, the same could not have reached for final hearing for few years. The Decree is in respect of the commercial premises. Considering the facts of the case, a longer time deserves to be granted to vacate. 3. Hence, I pass following order :- "O R D E R" "O R D E R" "O R D E R" (a). The Second Appeal is dismissed as not pressed. (b). No order as to costs. (c). Notwithstanding the dismissal of the Appeal, the Decree for possession shall not be executed till 31st December, 2010 subject to appellants filing usual undertakings in this Court within a period of four weeks from today. (d). Copies of the undertakings shall be supplied in advance to the Advocate for the : 3 : respondents. (e). If undertakings are not filed within stipulated time of four weeks, on expiry of period of four weeks from today, the Decree for possession shall become executable. (f). The parties to act upon an authenticated copy of this order. (g). In view of dismissal of the Appeal, Civil Application No.1759 of 2007 does not survive and the same is disposed of. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]