1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3781 OF 2007 (Sardar Amarsingh Variam Singh .v. Trivendra Singh Harbans Singh) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri B.G. Kulkarni, Advocate for the petitioner. Shri V.V. Bhangde, Advocate for the respondent. CORAM : B.R. GAVAI, J. 14TH FEBRUARY, 2008. Heard the learned Counsel appearing on behalf of the respective parties. By way of present petition, the petitioner challenges the concurrent finding of facts arrived at by the learned Small Causes Court, Nagpur in Regular Civil Suit No.174/2004 thereby decreeing the suit of the plaintiff/respondent vide judgment and decree dated 5th October, 2006 and the learned Ad hoc District Judge, Nagpur in Regular Civil Appeal No.557/2007 dated 4th August, 2007. Dr. B.G. Kulkarni, the learned Counsel appearing on behalf of the petitioner, on the instructions from the petitioner, who is personally present in the Court, makes a statement that petitioner does not wish to prosecute the petition and seeks permission to 2 withdraw the same. He however submits that the petitioner be granted sufficient time to vacate the suit premises so as to enable him to find out alternate accommodation. Permission granted. The petition is, therefore, dismissed as withdrawn. The petitioner has filed on record an affidavit thereby undertaking that he shall vacate the suit premises on or before 15th November, 2008. He has further undertaken that he shall not create any hindrance or obstacle at the time of handing over the possession of the suit premises to the respondent and the possession will be peacefully handed over on or before 15th November, 2008. He has further undertaken to clear all the arrears and also undertaken to pay the rent at the prevailing rate of Rs.1700/- per month up to the date of handing over of the possession. The said undertaking duly affirmed by the petitioner is taken on record and marked as “X” for identification. In that view of the matter, it is directed that the respondent shall not evict the petitioner from the suit premises till 15th November, 2008. It is further directed that the petitioner shall vacate the suit premises in any 3 eventuality on or before 15th November, 2008 as undertaken and shall also abide by rest of the terms and conditions in the undertaking. JUDGE *rrg.