: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.195 OF 2007 SECOND APPEAL NO.195 OF 2007 SECOND APPEAL NO.195 OF 2007 WITH WITH WITH CIVIL APPLICATION NO.417 OF 2007 CIVIL APPLICATION NO.417 OF 2007 CIVIL APPLICATION NO.417 OF 2007 Devyani Pundlik Acharekar ...Appellant V/s. Madhusudan Radhakrishna Govekar & Anr ...Respondents Mr.S.A. Sawant, Advocate, for the Appellant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 21ST JANUARY, 2008. DATE : 21ST JANUARY, 2008. DATE : 21ST JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate appearing for the appellant. On instructions of the appellant, the learned Advocate states that the appellant is not pressing the Appeal on merits. He submitted that decree for possession has been passed against the appellant and the 2nd respondent in respect of a residential premises. He states that both the appellant and 2nd respondent are more than 60 years old and both of them are spinsters. He states that the appellant is ready to file her own undertaking alongwith the undertaking of the 2nd respondent to vacate the suit property and therefore time of three years to vacate be granted. 2. None appears for the respondent. 3. If this Appeal was to remain pending for final hearing in this Court, the same could not have reached : 2 : final hearing for more than three years. The appellant has offered to file unconditional undertaking of herself and 2nd respondent to vacate the suit property. As the Appeal is being withdrawn unconditionally, the decree will attain finality. Hence time of three years deserve to be granted to vacate the suit premises. Hence, I pass following order:- "O R D E R" "O R D E R" "O R D E R" (a). The Appeal is dismissed as not pressed with no order as to costs. (b). Notwithstanding the dismissal of the Appeal, the decree for possession shall not be executed for a period of three years from today provided the appellant and 2nd respondent file usual undertaking in this Court within a period of four weeks from today. If compliance is not made within stipulated time, the impugned decree will immediately become executable. (c). Parties to act upon authenticated copy of this order. : 3 : 4. In view of dismissal of the Second Appeal, Civil Application No.417 of 2007 does not survive and the same is disposed of accordingly. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]