**1** IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.8070/2009. M/s Eyesight Advertising. ....Petitioner -VERSUS- Union of India and others. .....Respondents ........... Mr.Kiran Jain i/b Kiran Jain & Company, Advocate for the Petitioner. Mr.S.R.Rajguru with Mr.S.C.Pal, Advocates i/b Dr.T.C.Kaushik, for the Respondent No.1. ........... CORAM : A.S. OKA, J. Dated 14th October, 2009. P.C. : 1 Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the Respondent No.1. 2 The petition was fully argued on merits and it was kept for dictation of order. Today, the counsel for the Petitioner has tendered an affidavit of the proprietor of the Petitioner stating therein that he wants to unconditionally withdraw the suit and make an application to the first Respondent for allotment of the suit hoarding. It is prayed in the affidavit that the Petitioner may be allowed to continue display of advertisement on the suit hoarding till 31st May, 2010. It is stated that if the Respondent No.1 does not allow the Petitioner to display the advertisement, the Petitioner shall remove the suit hoarding on 31st May, 2010. 3 The learned counsel appearing for the Respondent No.1 opposes the prayer for allowing the Petitioner to use the suit hoarding. He states that it is likely that new offers will be received by the **2** Respondent No.1 and therefore, the Petitioner cannot be permitted to display the advertisement on the suit hoarding. 4 The Petitioner is unconditionally withdrawing the suit. The suit is pending from the year 2003. Therefore, reasonable time deserves to be granted to the Petitioner till 31st March, 2010. 5 Hence, I pass the following order:- (1) In view of the affidavit filed by the Petitioner, Regular Civil Suit No.1590/2003 filed by the Petitioner stands dismissed as unconditionally withdrawn. The Trial Court will pass a formal order on the suit on the basis of this order. (2) Notwithstanding dismissal of the suit, by way of indulgence the Petitioner will be entitled to display the advertisement on the suit hoarding till 31st March, 2010. (3) If the Petitioner fails to obtain permission of the first Respondent for displaying the advertisement on the suit hoarding on or before 31st March, 2010, it will be open for the first Respondent or its officers to forthwith remove the suit hoarding without notice to the Petitioner. (4) It is made clear that time granted to the Petitioner is only by way of indulgence. If the application is made by the Petitioner to the first Respondent as stated in the affidavit, the same shall be considered on its own merits. (5) Writ Petition is disposed of in the above terms. [A.S. OKA, J.] kps