IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 14TH DAY OF DECEMBER2011 PRESENT THE HON’BLE MR. JUSTICE K. L. MANJUNATH AND THE HON’BLE MR. JUSTICE K. GOVINDARAJULU WRIT APPEAL No.6386 OF 2011 (GM-PP) BETWEEN: FAIKI RAPPA S/O YALLAPPA MADAR (i HIREMANI, AGE: 54 YEARS, 0CC: SERVICE, R/O NEAR MILITARY BOYS HOSTEL, TQ AND DIST: DHARWAD APPELLANT (BY SRI.F.V.PATIL; PRUTHVI K.S., ADVS,) AND: I. THE DEPUTY COMMiSSIONER, DI-IARWAD, DIST: DHARWAD 2. THE DEPUTY DIRECTOR, SAINAIK WELFARE & RESEVFLEMENT BOARD. D.C.CCMPOUND, TQ & DIST: DHARWAD. RESPONDENTS (BY SRI. C.S.PATIL, AGA..) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAIKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF LEARNED SINGLE JUDGE DATED:22.07.201 1. PASSED IN W.P.NO.64609/201 1 (GM PP), BY ALLOWING THIS WRIT APPEAL AND THE \VRIT PETITION MAY KINDLY BE ALLOWED. THIS APPEAL COMING ON F’OR PRELIMI NARY HEARING THIS DAY, K.LMANJUNATH, J, DELiVERED THE FOLLOWING: JUDGMENT There is delay of 70 days in filing the appeal. 2. Being satisfied with the cause shown h the appellant, delay in filing the appeal is condoned. 3. Heard the learned counsel for the appellant and the Government advocate for the respondent. 4. After arguing the matter, learned counsel for the appellant submits that if time is granted till the examination of the children of the appellant are over they would voluntarily surrender the premises. 5. In view of the submisson, time is granted for the appellant to surrender the possession of the premises till the end of May 2012 subject to filing of an :3: affidavit within three days from today falling which it is for the respondent to take possession of the premises from the appellant. With this observation the appeal stands dismissed. Sd! TUDGE Sd/ GH JUDGE