1 fa1462-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO. 1462 OF 2011 ALONGWITH CIVIL APPLICATION NO. 1065 OF 2011 AND CIVIL APPLICATION NO.2057 OF 2011 AND CIVIL APPLICATION NO. 2644 OF 2011 Prabhakar Soma Bane .. Appellant V/s. Maharashtra Housing & Area Development Authority & Anr. .. Respondents ..... Mr. Ashok Verma i/b. Mr. Sanjay P. Patankar for the appellant. Ms. Aparna Murlidharan i/b. Mr. P. G. Lad for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : AUGUST 23, 2011. P.C.: The learned counsel appearing for the appellant tenders undertaking dated 22nd August, 2011 singed by the appellant and his wife. He states that both the appellant and his wife are personally present in the Court and they have accepted the correctness of the contents of the undertaking. 2. In view of the said undertaking, the learned counsel appearing for the appellant on instructions of the appellant who is 2 fa1462-11 personally present in the Court seeks permission to unconditionally withdraw the Appeal. 3. In view of clause (2) of the undertaking, time to vacate deserves to be granted. 4. Hence, I pass the following order: :: O R D E R :: i. Appeal is dismissed as unconditional withdrawn. ii. Notwithstanding the dismissal of the Appeal, the appellant shall not be evicted from the suit premises till 31st March, 2012. iii. The undertakings of the appellant and his wife contained in affidavit dated 22nd August, 2011 (marked “X” for identification) are accepted. The appellant have been protected till 31st March, 2012 only on the basis of the said undertaking. iv. There will be no order as to costs. v. If the appellant fails to vacate the suit premises on or before 31st March,2012, it will be open for the 3 fa1462-11 first respondent to evict the appellant from the suit premises on 1st April, 2012. vi. Civil Application Nos.1065, 2057 and 2644 of 2011 do not survive and the same are disposed of. (A.S.OKA, J.)