1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO. 8926 OF 2009 Mahesh Vishnu Parab & Ors. .. Petitioners Vs Ganapat & Ganesh Nhanu­Puralkar & Ors. . Respondents ­­ Shri D.A. Patil i/by M/s. Milind Parab & Associates for the Petitioners. ShriS.G. Karandikar for the Respondent No.1. ­­ CORAM: A.S.OKA,J. DATE : 8TH JANUARY, 2010 P.C.: After arguing the Petition for sometime, learned counsel appearing for the Petitioners states that the Petitioners be permitted to withdraw the present Petition unconditionally. He states that the Petitioners may be granted time to vacate the suit land till 31st May, 2010. He states that the Petitioners are ready and willing to file usual undertaking to this Court to vacate the suit land and such undertaking will be filed within a period of two weeks from today. Learned counsel appearing for the Respondents opposed the said prayer. 2. The Petitioners are unconditionally withdrawing the Petition and therefore, the present litigation will attain finality. The Petitioners have now shown willingness to file usual undertaking to vacate the suit land which is the subject matter of a decree passed in Regular Civil Appeal No..3 of 2002. Hence, time to vacate the suit land, as prayed, deserves to be granted, subject to the Petitioners filing usual undertaking to this Court within the stipulated 2 time. Hence, I pass the following order. (a) The Petition is dismissed as unconditionally withdrawn. (b) The decree for possession shall not be executed till 31st May, 2010, subject to the Petitioners filing usual undertaking in this Court to vacate the suit land and to hand over the peaceful and vacant possession thereof to the Respondents. Undertaking shall be filed within a period of two weeks from today with an advance copy thereof to the Advocate for the Respondent No.1. (c) If the undertaking is not filed within a period of two weeks from today, the decree for possession shall become forthwith executable and it will be open for the Executing Court to immediately issue possession warrant. (d) There will be no order as to costs. JUDGE