IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CIVIL APPELLATE JURISDICTION SECOND APPEAL No. 622 OF 2008 WITH CIVIL APPLICATION NO. 1618 OF 2008 Central Bank of India, Pune ... Appellant Vs Kantilal B. Shah & Ors. ... Respondents Mr. G. S. Bhat, for the Appellant. Ms. Savita Mane, for the Respondents. CORAM: A. P. DESHPANDE, J. DATED: JANUARY 30, 2009. P.C.: ---- . Perusal of the order dated 17th December 2008 reveals that the learned counsel for the bank had made a statement that the Manager of the bank has instructed him that the bank is ready and willing to vacate the premises by 31st December 2009. The appeal was adjourned with a view to enable the learned counsel to seek instructions from the higher authorities. The learned counsel on instructions from the bank makes a catogerical statement that the appellant bank would vacate the suit premises by 31st December, 2009. It is also stated that other premises as well, belonging to other respondents, would be vacated. - 2 - 2. Both the learned counsel are in agreement that the parties have agreed that the mesne profits would be determined in accordance with law. In this view of the matter, permission is sought by the counsel for the appellant to withdraw the appeal. Permission is granted. Appeal is dismissed as withdrawn, subject to the undertaking, to be furnished by the appellant in this Court within a period of 2 weeks from today, that the bank would hand over peaceful and vacant possession of the suit premises, and also other premises owned by the other respondents, on or before 31st December, 2009. 3. In view of dismissal of the appeal, Civil Application No. 1618 of 2008 also stands dismissed, being rendered infructuous. Sd/- [ A. P. DESHPANDE, J.]