S. Sumathi v. Sunnam Pandu ( Died ) (Rep. By His Lrs.2 To 9)

THE HON'BLE SRI JUSTICE DILIP B.BHOSALE SECOND APPEAL No. 690 of 2014 P.C:

Heard learned counsel for the parties.

Learned counsel for the appellants does not press this appeal on merits and seeks six months time to appellant No.1 to vacate the suit premises. He submits that appellant No.1 alone is in possession of the suit premises and that appellant Nos.2 to 4 are residing separately. Learned counsel for the respondents-plaintiffs submits that the time to vacate may be granted only on all the appellants furnishing undertaking.

Having considered the submissions of the learned counsel for the parties, I am satisfied that the following order shall meet the ends of justice: "On all the appellants furnishing undertaking in this Court stating that they shall vacate and handover peaceful possession of the suit premises on or before 30.09.2015 and till then, they shall not either part with the possession or create any third party rights therein. Undertaking to be filed within a period of two weeks from today with an advance copy thereof to the Advocate for the respondents. If the appellants furnish undertaking as aforementioned, they would be allowed to vacate the suit premises on or before 30.09.2015. If they fail to furnish undertaking within the stipulated time, it would be open to the respondents/plaintiffs to execute the decree forthwith." With these observations, the second appeal is disposed of.

Consequently, miscellaneous petitions, if any, also stand disposed of. _____________________ DILIP B.BHOSALE,J Dt:27.03.2015 kdl