1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2014 OF 2009 IN WRIT PETITION NO.3170 OF 2003 Jaysing Ramchandra Ingawale .. Applicant versus Vitthal Ranoji Vhatkar & Ors. .. Respondents Mr.Amit Borkar for the applicant. Mr.P.N.Karlekar for the respondents. CORAM : A.S.OKA, J. DATE : 11th September 2009. P.C.: . The learned counsel appearing for the applicant who is the petitioner in the writ petition states that the petitioner wants to unconditionally withdraw the writ petition. He prays that the applicant may be granted time of two years to vacate. He states that the applicant is ready and willing to give usual undertaking and is ready and willing to deposit all the arrears of rent payable as of today and he is willing to keep on depositing the rent till the date on which he vacates the suit premises. 2. The learned counsel appearing for the respondents opposes the said prayer but states that if reasonable time is to be granted to vacate, the respondents have no objection. 2 3. The order of stay granted in favour of the petitioner to the decree of eviction has been vacated under order dated 9th January 2009. The applicant petitioner wants to unconditionally withdraw the writ petition. If the writ petition is withdrawn, the decree of eviction passed in favour of the respondents will attain finality and the litigation can come to an end. Therefore, the request made by the learned counsel appearing for the applicant deserves to be accepted. However, time to vacate for a period of two years will be on the higher side. Hence, time of eighteen months to vacate deserves to be granted. However, the applicant will have to deposit the entire arrears of rent payable as of today with the trial Court within a period of six weeks from today and time to vacate can be granted subject to condition of the applicant depositing the entire arrears of rent with the trial Court within a period of six weeks from today. Apart from deposit of the arrears, the applicant will have to furnish usual undertaking to vacate. 4. Considering the facts and circumstances of the case, time to vacate till 11th March 2011 deserves to be granted to the applicant. 5. Hence, I pass the following order: : O R D E R : (a) The writ petition No.3170 of 2009 is dismissed as unconditionally withdrawn. (b) Notwithstanding the dismissal of the writ petition, the decree for possession shall not be executed till 11th March 2011 subject to the 3 applicant depositing with the trial Court the entire arrears of rent payable as of today within a period of six weeks from today and subject to the applicant filing usual undertaking to vacate in this Court within a period of four weeks from today. (c) If arrears of rent as aforesaid are not deposited within the stipulated time of six weeks, the time to vacate granted to the applicant will not operate and on expiry of period of six weeks from today, the decree for possession will forthwith become executable. (d) On the failure of the applicant to file usual undertaking in this Court within a period of four weeks from today, the decree will become executable forthwith on expiry of period of four weeks from today. (e) In the event the applicants commits breach of any of the clauses of the undertaking including the clause relating to regular deposit of amount equivalent to rent, it will be open for the respondents to apply to this Court for grant of permission to execute the decree before expiry of the the time granted by this Court. (f) The application is disposed of in above terms. (A.S.OKA,J)