1 fa1422 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1422 OF 2010 Mata Harsha Rampher Mishra ...Appellant vs. M/s.Raymond Apparel Limited Raymond Limited ...Respondents Mr.R.S.Apte, Sr.Counsel i/b Mr.M.S.Lagu for the appellant Ms Cynthia Pareira i/b M/s.Rajani Associates for the respondent nos.1 and 2 CORAM : A.S.OKA,J. DATE : APRIL 19,2011 P.C.: 1 Heard learned senior counsel for the appellant and the learned counsel for the respondent. The learned senior counsel for the appellant on instructions of the appellant states that the appellant is not pressing the appeal on merits and he desires to withdraw the appeal unconditionally. He submitted that the appellant is in possession of the suit premises which is a residential premises for last several years and therefore, he may be granted longer time of more than three years to vacate the suit premises. He has tendered undertaking of the appellant. The learned counsel for the respondent opposes the prayer for grant of time of three years and more by contending that the appellant has no case on merits. 2 The appeal is of the year 2010. Considering the huge pendency of old First Appeals, the same may not reach final hearing for ten to fifteen years. The appellant has tendered undertaking in which he has made a statement that he is unconditionally withdrawing the appeal. Therefore, the litigation will come to an end and the 2 fa1422 decree for possession will become final. All safeguards have been provided in the undertaking. Even going by the averments made in the plaint, the appellant is in possession of the suit premises at least from the year 1978. Therefore, time to vacate of three years as prayed for deserves to be granted. 3 Hence, I pass the following order : i) Undertaking of the appellant on oath is taken on record and marked `X for identification. Undertakings contained therein are accepted. ii)Appeal is dismissed as unconditionally withdrawn. There will be no order as to costs. iii)The appellant will be entitled to refund of court fees as per the rules. iv)Impugned decree is confirmed. However, in view of the undertaking, decree for possession shall not be executed till 30 th April 2014. v) If the appellant fails to hand over possession of the suit premises as per the undertaking on or before 30 th April 2014, it will be open for the respondent, without prejudice to their other remedies against the appellant, to execute the decree. In the event the appellant commits breach of any of the undertakings, it will be open for the respondents to take out appropriate proceeds. vi)Civil application no.3655 of 2010 does not survive and the same is disposed of. JUDGE