KBP 3668-09.sxw : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3668 OF 2009 Lakhraj Sukhram .. Petitioner V/s. Motilal Balkrishan Bhatia and ors. .. Respondents ......... Mr.S.P.Srivastav, for petitioner. ......... CORAM : A.S.OKA, J.. DATE : 5 th August, 2009. P.C. : 1] Heard learned counsel for the petitioner. Office remark shows that notice issued to respondent nos.1-A, 1-B and 2 who are original plaintiffs has been served by affixing with remark that said respondents had gone to their native place. Notices have been affixed at their respective registered addresses. 2] Learned counsel appearing for petitioner, on instructions of the petitioner, states that the petitioner does not desire to press the petition, but, he wants time of one year to vacate the suit premises. 3] As the petitioner is not pressing the petition on merits, the impugned judgment and decree will attain finality. The suit is of year 1998. Considering the facts and circumstances of the case, time of one year to vacate the suit premises deserves to be granted to the petitioner subject to the petitioner filing an usual undertaking. Hence, following order: (a) Writ petition is dismissed as withdrawn. (b) Notwithstanding the dismissal of petition, the decree for possession shall not be executed till 5 th September, 2010, subject to condition of the petitioner filing in this court usual undertaking to vacate the suit premises. The undertaking to KBP 3668-09.sxw : 1 : be filed within a period of three weeks from today. (c) If undertaking in usual form is not filed within the stipulated period, it will be open for the original plaintiffs to forthwith execute the decree. (d) There will be no order as to costs. ( A.S.OKA, J. )