Options after appeal-tier 1 extension?

[Samadhan]

Hi,

I am having a complex problem:

I applied for ILR (3 years Work permit + 2 years tier 1), but been refused from continuous residence background.

I appealed, but the judge accepts that ILR should be granted using discretion or could get the opportunity to extend Tier 1 under 28 days rule. But he does not give any direction to Home Office (No direction is granted).

Under this situation, I am not sure what to do? Can't I claim for ILR as judge accpts it though no direction is given? Can Home office do grant ILR as the judge doest not direct them to do so though he agrees with using discretion? I think I can send the application for T1 extension, but would like to claim ILR or extension based on Judge's decision/determination. I am looking for proper ways of doing this, would appreciate any help.

Thanks.

Samadhan