1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION SECOND APPEAL NO.258 OF 2008 WITH CIVIL APPLICATION NO.702 OF 2008 Joseph Daniel ...Appellant. v. Mr. C.Jeeva Dravid & Ors. ...Respondents. Shri Girish Paryani, adv. For the Appellant. CORAM : J.H. BHATIA, J. DATED : 7th September , 2009 P.C. 1 In the order dated 25.4.2008 passed by this Court, it was clearly observed that in the face of the concurrent finding of the fact by both the Courts below, there is no question of law involved in the present appeal and the appeal be disposed off. However, at that stage, the learned counsel for the appellant make a request that for sometime, the appellant may be allowed to retain possession and the decree may not be executed . Therefore, an order was passed to issue notice to the respondents returnable on 10.6.2008. Notice has been served but none has appeared for the respondents. The learned counsel for the appellant contends that taking into consideration the long possession of the appellant for the last 20 to 21 years, time of 3 to 4 years may be granted 2 to vacate the premises. In my considered opinion, request is not reasonable. Now already period of about one year and 4 months has passed after 25.4.2008 . I enquired from the learned counsel as to whether the appellant would file undertaking to vacate the premises by a particular date if time is extended by this Court but the learned counsel after taking instructions from the appellant makes a statement that he is not willing to file any undertaking. He informs that after dismissal of the first appeal, the appellant has also filed a suit for specific performance of the contract against the original owner on the basis of some oral agreement of 1988. In fact, respondent/plaintiff had purchased the property from the original owner long before the suit for possession was filed in 1992 and not only the suit was decreed but even the first appeal of the present appellant was dismissed in January, 2008. It appears that after that appellant filed said suit. Taking into consideration the circumstances , appellant does not appear to be sincere about vacating premises even if some reasonable time is granted. This is clear from his refusal to give undertaking. Therefore, I do not find that it to be a fit case to grant any further time to the appellant. 2 For the aforesaid reasons, appeal stands dismissed. As the appeal itself is dismissed, civil application does not survive and stands 3 disposed off accordingly. (J.H. BHATIA,J.)