1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 363 OF 2008 (Arvind Manohar Kolte .v. Shankar Govindrao Bhandarkar) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R. Tajne, Advocate for the petitioner. Shri V.G. Bhamburkar, Advocate for the respondent. CORAM : B.R. GAVAI, J. 6TH FEBRUARY, 2008. Heard the learned Counsel appearing on behalf of the respective parties. By way of present petition, the petitioner challenges the concurrent findings of facts arrived at by the learned Small Causes Court at Nagpur in Regular Civil Suit No. 485/2005 vide judgment and order dated 23rd April, 2007 thereby decreeing the suit of the respondent/plaintiff and the order passed by the learned Ad hoc District Judge, Nagpur in Regular Civil Appeal No.327/2007 thereby dismissing the appeal of the present petitioner vide judgment and order dated 17th December, 2007. The learned Counsel appearing on behalf of the petitioner after having argued the matter at some length, does not press the petition and seeks permission to withdraw the petition. Permission granted. 2 The petition, therefore, stands disposed of as withdrawn. However, the petitioner has made a limited prayer that he may be permitted to occupy the premises till 31st of December 2008. I find that the said request made by the petitioner appears to be reasonable. The petitioner has filed an undertaking thereby stating that he shall deliver vacant possession of the suit premises by 31st December, 2008. He has further undertaken to pay occupation charges of the suit premises at the rate of Rs.100/- per day from 01.02.2008 till vacation of the suit premises. In that view of the matter, the respondent is directed to not to evict the petitioner till 31st December, 2008. However, it is made clear that on or before 31st December, 2008, the petitioner shall handover the vacant and peaceful possession of the suit premises to the respondent/landlord. It is further directed that the petitioner shall not create any third party interest in the suit premises during the said period. It is further directed that the petitioner shall pay the occupation charges at the rate of Rs.100/- per day from 1st February, 2008 to the respondent. JUDGE