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 WRIT PETITION NO.4655 OF 2008 WRIT PETITION NO.4655 OF 2008 WRIT PETITION NO.4655 OF 2008 Shri Nilesh Ankush Labde ..Petitioner. V/s. The State of Maharashtra & Ors. ..Respondents. Mr.V.V.Pai for petitioner. Mr.A.I.Patel, A.G.P. for respondents. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 1ST JULY, 2008. DATED : 1ST JULY, 2008. DATED : 1ST JULY, 2008. P.C. :- P.C. :- P.C. :- 1. Heard. Rule. Rule made returnable forthwith. By consent of the parties, petition is taken up for final hearing. 2. The petitioner is the brother of the deceased Ravindra Ankush Labade who was employed as a sepoy in Class IV category on the Appellate Side of this Court and was allotted office quarters. On his death, the petitioner and other family members residing in the office quarters were required to vacate the said premises. However, the petitioner and other family members failed to hand over possession of the said premises. Therefore, by the - = : 2 : = - impugned notice dated 3/5/2008 the petitioner and his family members were called upon to vacate the said premises. 3. The petitioner by his application dated 29/4/2007 had sought time to vacate the premises till 30/6/2008. Anticipating action the present petition is filed. 4. Today, the petitioner has furnished an undertaking on his behalf as well as his family members to the effect that they would vacate and hand over vacant possession of the residential quarters positively on or before 15th September, 2008 and also would continue to pay compensation payable in respect of the said quarters and clear the arrears of the compensation, if any. The undertaking given by the petitioner is accepted. The petitioner and his family members be not evicted from the premises in question till 15th September, 2008 subject to compliance of the undertaking given by the petitioner. 5. The petition is disposed of accordingly and Rule is made absolute in above terms with no order as to costs. - = : 3 : = - (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)