WP. 2316-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION No. 2316 OF 2011 Mr. Nandkishore @ Nandlal V. Thakkar @ Batavla ...Petitioner Vs. Mr. Kirit Purshottam Kapadia & Ors. ...Respondents *** Mr. A. Y. Sakhare, Sr. counsel i/b Ashok M. Sarogi, for the Petitioner. Mr. P. S. Dani a/w Mr. Atul Damle, for Respondent Nos. 1 to 3. *** CORAM: V. M. KANADE J. DATE : JUNE 13, 2011 P.C. 1. The matter was heard for some time. When this Court was not inclined to interfere with the judgment & order passed by both the courts below, the learned senior counsel for the petitioner, after taking instructions, submits that one year time be given to the petitioner to vacate the suit premises, it was submitted that the petitioner would give undertaking in the usual form. 2. The learned counsel appearing for respondent Nos. 1 to 3 submits that six months time may be given to vacate the suit premises, WP. 2316-11 - 2 - subject to the undertaking in usual form being given by all the persons who are in possession of the suit premises. In my view, taking into consideration the fact that petitioner is in possession since long time and the premises are the business premises, it would be appropriate if nine months time is given to the petitioner to vacate the suit premises, subject to the undertaking to be filed in usual form within two days from today. Accordingly, nine months time is given to the petitioner to vacate the suit premises from today, subject to the undertaking to be given in usual form within two days from today. If the undertaking is not filed, respondent would be at liberty to execute the decree. Civil Writ Petition is, accordingly, disposed of. 3. It is clarified that respondent No.4 shall not create any third party rights and also give an undertaking in usual form. Interim mesne profits, which is directed by the lower Appellate Courtl be paid by the petitioner per month till the suit premises are vacated. The landlord is permitted to withdraw the said amount of interim mesne profits, which is deposited in the court. [ V. M. KANADE J.]