ash 1 fa-192.09nfa-1474.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.192 OF 2009 WITH FIRST APPEAL NO.1474 OF 2011 FA NO.192 OF 2009 Namdeo Babu Patil .. Appellant Vs Dada Babu Patil .. Respondent -- Shri V.V. Pai i/by Shri K.M. Mhatre for the Appellant. Shri Paresh S. Madkaikar for the Respondent. -- CORAM : A.S. OKA, J DATED : 21ST OCTOBER, 2011 P.C. . Learned counsel appearing for the Appellant on the instructions of the Appellant seeks permission to unconditionally withdraw the Appeals. He prays that considering the fact that for a long time, the Appellant is in possession, he may be granted a longer time to vacate the suit premises. The learned counsel appearing for the Respondent submits that a reasonable time may be granted. 2. The Appellant has agreed to unconditionally withdraw the Appeal and, therefore, the impugned decree will attain finality. If these ash 2 fa-192.09nfa-1474.11 Appeals were to remain pending in this Court for final disposal, the same would have taken very long time considering the huge pendency of the Appeals in this Court. 3. The learned counsel appearing for the Appellant has tendered an undertaking in writing by the Appellant and the other three adult members of his family. The Appellant and his family members have undertaken to hand over vacant and peaceful possession of the suit premises to the Respondent on or before 30th September, 2014. 4. Hence, a case is made out for grant of longer time to vacate till 30th September, 2014. Hence, I pass the following order: ORDER (a) The undertaking tendered today is taken on record and marked “X” for identification. (b) The undertaking and the statements made therein are accepted. (c) The First Appeals are dismissed as unconditionally withdrawn with no orders as to costs. ash 3 fa-192.09nfa-1474.11 (d) The Appellant will be entitled to refund of the Court fees as per the Rules. (e) In view of the undertaking tendered today, notwithstanding the dismissal of the Appeals, the decree for possession shall not be executed till 30th September, 2014. (f) If the Appellant fails to hand over possession of the suit premises to the Respondent on or before the aforesaid date, it will be open for the Respondent, without prejudice to his other remedies, to execute the decree forthwith for taking possession of the suit premises. (g) Civil Application No.105 of 2009 does not survive and the same is disposed of. ( A.S. OKA, J )