1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3097 OF 2009 Sayed Ahmad Mahamad Faruk Gaibu ...Petitioner vs. Mohammad Saheb Aadamali ...Respondent Mr.I.M.Khairdi for the petitioner Mr.Sidharth Ronghe for the respondent CORAM :A.S.OKA,J. DATE : AUGUST 28, 2009 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the respondent. The learned counsel for the petitioner on instructions states that the petitioner is not pressing the petition on merits. He prayed that time of one year be granted to the petitioner to vacate the suit premises. He has tendered an undertaking of the petitioner. The undertaking is on affidavit. The undertaking is taken on record and marked `X for identification. The learned counsel for the respondent opposes the payer for grant of time to vacate. He submitted that the petitioner has no defence and therefore, the time to vacate cannot be granted. He submitted that by way of indulgence, time of six weeks be granted to vacate the premises. 2 The respondent filed an application under section 24 2 of the Maharashtra Rent Control Act,1999 on the ground that the petitioner who was the licensee and he failed to vacate after the period of licence had expired. The competent authority passed an order of eviction. The competent authority directed the petitioner to pay compensation at the rate of Rs.3000/- per month from 1 st January 2003. A revision application was preferred by the petitioner. The said revision application came to be dismissed. 3 The petitioner has made a statement that he wants to unconditionally withdraw the present petition. He has made a statement in the undertaking that he will clear all the dues in terms of the impugned order within 12 weeks from today. As the petitioner is unconditionally withdrawing the petition, the litigation comes to an end. Considering the large pendency of the writ petitions in this court, if the writ petition is to remain pending for final disposal, the same may not reach for a few years. 4 Considering aforesaid circumstances, the request made by the learned counsel for the petitioner deserves to be accepted. 5 Hence, I pass the following order : 3 i) The petition is dismissed as withdrawn. The undertakings of the petitioner in the affidavit marked `X are accepted. ii)The petitioner shall deposit or pay all the arrears in terms of the impugned order within a period of 12 weeks from today and will comply with the terms and conditions of the undertakings by continuing to pay the compensation at the rate of Rs.3000/- per month. iii)In view of the undertakings of the petitioner, the order of eviction shall not be executed till 28 th August 2010. iv)It is however made clear that if the petitioner fails to clear the entire arrears within the stipulated period of 12 weeks from today, the order of eviction will forthwith become executable. v) There will be no order as to costs. JUDGE