kbp 1 3635-05.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3635 OF 2005 Shivling alias Shivshankar Mahaling Bidve and anr. ..Petitioners Vs. Vithal Saidu Lokhande and others. ..Respondents ......... Mr.G.S.Godbole, for petitioner. Mr.S.S.Shah, for respondent no.1. Mr.R.S.Khadapkar, for respondent Nos.2A to 2D. ....... CORAM : A.S.OKA, J.. DATE : 15 th OCTOBER, 2009. P.C. : 1] Learned counsel for the petitioners states that the petitioners do not desire to prosecute the petition. He prays that the petitioners may be granted a longer time to vacate the suit premises. He states that the petitioners are willing to withdraw the writ petition unconditionally and are willing to file usual undertaking to vacate the suit premises. The petitioners are seeking time to vacate the suit premises till the end of year 2012. 2] Learned counsel for the first respondent states that the first respondent has no objection if reasonable time is granted, but, longer time may not be granted. 3] I have considered the submissions. The petitioners are willing to withdraw kbp 2 3635-05.sxw the petition unconditionally, and therefore, the litigation will come to an end. The decree will attain fanility. This petition remained pending at admission stage from the year 2005 and looking to the pendency of the cases, the same may not be reach for final hearing for next eight to ten years. Therefore, as the petitioners are willing to unconditionally withdraw the petition, the time to vacate the suit premises as prayed deserves to be granted. Hence, following order is passed:- (a) Affidavit of the first petitioner is taken on record and marked as “X” for identification. Petition is dismissed as unconditionally withdrawn. (b) Notwithstanding the dismissal of the petition, the decree for possession shall not be executed till 31 st December, 2012 subject to the condition of the petitioners filing usual undertakings in this court on or before 23 rd November, 2009. (c) A copy of the undertaking be furnished one week in advance to the learned counsel for the contesting respondents. If the undertaking is not filed within the stipulated time, the decree for possession shall forthwith become executable. ( A.S.OKA, J. )