1 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 87 OF 1994 A/W CIVIL APPLICATION NO. 2705 OF 2009 IN WRIT PETITION NO. 87 OF 1994 Shri Madhukar Narayan Kudalkar, since deceased through his heirs and legal representatives ­ 1A. Smt. Madhavi Madhukar Kudalkar & Ors. .. Petitioners Vs Arvind Dattatray Waykul, deceased by heirs : 1(A) Charulata Mohan Gandhi & Ors. .. Respondents ­­ Shri M.S. Karnik i/by Shri N.D.Hombalkar for the Petitioners. Shri Mandar Limaye for Respondent Nos.1A to 1C, 2 to 5. ­­ CORAM : A.S.OKA, J. DATE : 31ST MARCH, 2010 P.C: . The Petition was fully argued for final hearing. The learned counsel appearing for the Petitioners on instructions states that the Petitioners desire to unconditionally withdraw the Petition. He, however, prays that considering the fact that the Petitioners are in occupation of the suit premises for the last several years and are carrying on business therein, 2 time of two years be granted to vacate the suit premises. He states that all adults members of the family of the Petitioners are ready and willing to give usual undertaking. The learned counsel appearing for the Respondents (landlords) opposes the said prayer by pointing out that the suit is of the year 1984. He states that at the most, time of one year be granted. 2. The Petitioners are unconditionally withdrawing the Petition and, therefore, as a result of unconditional withdrawal of the Petition, the decree of eviction passed against the Petitioners will attain finality. Moreover, the Petitioners have shown willingness to file usual undertaking to vacate the suit premises. It is brought on record that certain accommodation has become available during the pendency of the Petition which of course is not at all sufficient to satisfy the need of the Respondents. Considering all the factors, time to vacate deserves to be granted till the end of the year 2011. 3. Hence I pass the following order. (a) The Writ Petition is dismissed as unconditionally withdrawn. Rule is discharged. (b) Notwithstanding the dismissal of the Writ Petition, the decree for possession shall not be executed till 31st December, 2011 subject to all adult members of the 3 family of the Petitioners filing usual undertakings to vacate the suit premises in this Court within a period of four weeks from today. (b) If undertakings are not filed within the stipulated time, the decree for possession will forthwith become executable. (c) The Civil Application No. 2705 of 2009 ( for additional evidence ) is disposed of. (d) The parties to act upon an authenticated copy of this order. (A.S.OKA, J)