KBP 4246-95.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4246 OF 1995 Gautam Pundlik Chavan ..Petitioner Vs. Laxman Jiwla Andher ..Respondent ......... Mr.G.K.Masand, for petitioner. Mr.R.A.Thorat, for respondent. ......... CORAM : A.S.OKA, J.. DATE : 31 th August, 2009. P.C. : 1] Heard the learned counsel for the parties. 2] The learned counsel appearing for the petitioner states that the petitioner is not pressing the petition on merits. He prays that time may be granted till 31 st December, 2012 to the petitioner to vacate the suit premises. He states that the petitioner is ready and willing to give an undertaking to vacate the suit premises. The respondent submits to the orders of the Court. 3] The learned counsel appearing for the petitioner has tendered an affidavit of the petitioner containing various undertakings. The said affidavit is marked “X” for identification. The petitioner has also tendered undertakings of the adult members of his family. The said undertakings are taken on record and marked “Y” (collectively) for identification. The learned counsel appearing for the petitioner states that apart from the petitioner and the adult family members who have filed affidavits today, there is no one else in occupation of the suit premises. The learned counsel appearing for KBP 4246-95.sxw 2 the petitioner states that a sum of Rs.6,045/- has been today paid to the respondent though his counsel and thus compliance is made with Clause No. 3 of the undertaking of my petitioner. 4] The undertakings and the aforesaid statements of the learned counsel for the petitioner are accepted. Hence, following order is passed: (a) The Writ Petition is dismissed as withdrawn. (b) Notwithstanding the dismissal of this writ petition, the decree for possession shall not be executed till 31 st December, 2012, subject to the compliance with the undertakings contained in the aforesaid affidavits. (c) In the event of breach of the undertakings, it will be open for the respondent to take out an appropriate proceedings. (d) On 1 st January, 2013, the decree will forthwith become executable. (e) There will be no order as to costs. ( A.S.OKA, J. )