(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 11304 OF 2010 Awdeshkumarsingh s/o. Shrinath Singh, Age : 51 years, Occupation : Service, R/o. E-12, Gurusahani Nagar, Tirupati Park, .. Petitioner N-4, CIDCO, Aurangabad. (Original plaintiff) versus Rajivkumarsingh s/o. Satishkumar Singh, Age : 35 years, Occupation : Service, R/o. Narbada Apartment Desha Nagar, .. Respondent Beed Bye-pass, Aurangabad. (Original defendant) ....................... Mr. A.B. Kale, Advocate, with Mr. D.M. Pingale, Advocate, for the petitioner. Mr. N.V. Mande, Advocate, for the respondent. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 9TH MARCH 2011 (2) COURT'S ORDER : 1. After hearing Adv. Mr. Kale, for the petitioner, and Adv. Mr. Mande, for the respondent, because of readiness and willingness shown by Adv. Kale (upon instructions from the petitioner), to vacate the suit premises unconditionally, if the Civil Suit is dismissed, time was given to the petitioner to file that undertaking. 2. Today, undertaking signed by the petitioner, namely, Awdeshkumarsingh Shrinath Singh, is filed before this Court. The undertaking is supported by verification / affirmation. The petitioner is present along with Adv. Kale in the Court. 3. Adv. Mr. Mande, for the respondent, points out that yesterday the petitioner had agreed to vacate immediately but in undertaking, he has given assurance of vacating the suit premises within one month. However, on second thought, Adv. Mr. Mande has given his "no objection" to grant of such time of one month. 4. The suit is now fixed on 11th March 2011 for final arguments. The trial court shall attempt to decide the suit finally by 31st March 2011. The undertaking furnished by the (3) petitioner is taken on record and its copy shall also be produced on record of the trial court. The petitioner shall hand over possession within a period of one month as undertaken by him and shall not wait for appeal period or the orders to contrary in any appeal. 5. The Writ Petition is accordingly disposed of. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp11304