1 26sa111-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION SECOND APPEAL NO.111 OF 2011 Hemkant Devnath Nail & Ors. .. Appellants V/s. Smt.Sunanda Gopal Mhalgi & Ors. .. Respondents ..... Mr. Bhagwat S. Phad for the appellants. Mr. Sanjay Kshirsagar for respondent Nos.1 to 3. ..... CORAM : A.S.OKA, J. DATE : DECEMBER 2, 2011. P.C.: The learned counsel appearing for the appellants on instructions of the appellants states that the appellants are not pressing the Appeal on merits. He states that as the Appellants have been occupying the suit premises which is a residential premises for considerably long time, a longer time to vacate be granted. The learned counsel appearing for the respondents opposes the prayer by submitting that the suit is of the year 2002 and the appellants have no protection of the Rent Act. 2. I have carefully considered the submissions. The appellants are not pressing the Appeal on merits and, therefore, the decree for possession shall attain finality. If the Appeal was to remain pending in this Court, the same may not have reached for final hearing for several years. The appellants are occupying the suit premises for a long time. Therefore, time of two years to vacate 2 26sa111-11 the suit premises deserves to be granted subject to appellants and their adult family members filing usual undertakings in this Court. 3. Hence, I pass the following order: :: O R D E R :: i. Appeal is dismissed as not pressed. ii. Notwithstanding the dismissal of the Appeal, the decree for possession shall not be executed till 1st December, 2013 subject to condition of the appellants filing their own undertakings and usual undertakings of all the adult members of their family occupying the suit premises in this Court within a period of four weeks from today. The undertakings shall be in usual format. iii. If undertakings are not filed within the stipulated time, the decree for possession shall forthwith become executable. iv. There will be no order as to costs. v. Civil Application No.255 of 2011 does not survive and the same is disposed of. (A.S.OKA, J.)