Order faradsb 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO. 61 OF 2025. Dnyaneshwar Marotrao Rokade. -VERSUS- Vijay Babulal Gupta. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri R.D. Wakode, Advocate for the Appellant. Shri S.Alaspurkar, Advocate for the Respondent. CORAM : ROHIT W. JOSHI, J. DATE : MAY 09, 2025. Heard. 2. The Second Appeal was dismissed on merits vide judgment and order dated 05.05.2025, however, on the motion made by the appellant seeking time to vacate the suit property, notice was issued to the respondent/plaintiff. 3. The learned Counsel for the respondent/ plaintiff opposes the request for grant of time to vacate without imposing any condition. He however, submits that in the event the appellant deposits some amount towards the claim of mesne profit, for which enquiry is Rgd. Order faradsb 2 pending, the request can be considered for granting time of 3 to 6 months. 4. The submission made by the learned Counsel for the respondent/plaintiff appears to be reasonable. In my considered opinion it will be equitable to grant time to the appellant/defendant to vacate the suit property till 31.10.2025. The appellant is put to notice that the motion for extension of further time to vacate the suit property will not be entertained. 5. The learned Counsel for the appellant is agreeable to vacate the property till 31.10.2025. The statement made across the bar today and the statement made in affidavit dated 05.05.2025 are taken as an undertaking to this Court, that the appellant shall without fail vacate the suit property and hand over the peaceful possession of the same to the respondent / plaintiff on or before 31.10.2025 and report due compliance to this Court on 03.11.2025. This indulgence is shown subject to condition that the appellant deposits an amount of Rs.2,50,000/- in this Court on or before 30.06.2025. Failure to deposit the said amount on or before 30.06.2025, will result in Rgd. Order faradsb 3 vacation of the orders passed today without reference to the Court. 5. List the matter for reporting compliance on 03.11.2025. JUDGE Rgd.