ash 1 fa-1750.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1750 OF 2005 Ram Dhulare Patwa & 19 Others. .. Appellants Vs Compride Private Ltd. & Anr. .. Respondents -- Shri Shri S.M. Mirajkar for the Appellants. Shri A.H. Sawant for Respondents. -- CORAM ; A.S. OKA, J DATED : 9TH FEBRUARY, 2011 P.C. Learned counsel appearing for the Appellants states that the Appellants are not pressing the appeal on merits. He submitted that the Appellants have been in possession of the property in dispute for a very long time and, therefore, a longer time of 18 months to vacate the suit premises be granted to the Appellants. I have heard learned counsel appearing for the Respondents. 2. The Appeal of the year 2005 is still at admission stage. The appellants are not pressing the appeal on merits. Hence, the decree will attain finality. Therefore, time to vacate the suit premises deserves to be granted as prayed. ash 2 fa-1750.05 3. Hence, I pass the following order. (a) The Appeal is dismissed as not pressed with no orders as to costs. (b) Decree for possession shall not be executed for a period of 18 months from today subject to the Appellants filing an undertaking in this Court within a period of four weeks from today containing following clauses:- (i) The Appellants will not create any third party rights and will not transfer the possession of the suit property in favour of any third party. (ii) The Appellants will maintain status quo in all respects in respect of the suit property. (iii) The Appellants will hand over vacant and peaceful possession of the suit property to the Original Plaintiffs on or before expiry of period of 18 months from today. ash 3 fa-1750.05 (d) In the event, the Appellants fail to vacate the suit premises on or before expiry of period of 18 months from today, the decree will become forthwith executable. (e) If undertakings are not filed within the stipulated period of four weeks from today, the decree for possession shall become forthwith executable. (f) Parties to act upon an authenticated copy of this order. ( A.S. OKA, J )