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1. Heard Mr.Nirav Sanghavi for Mr.Ashish Dagli, learned advocate for the petitioner.

2. The petitioner has filed an undertaking, wherein the petitioner has declared and admitted that it has put up construction over common plot and the construction of the premises in question is unauthorized and contrary to applicable rules.

3. Having admitted the said position, the petitioner has, in the said undertaking, declared, promise and assured, the petitioner will shift present establishment to the new or other premises on or before November,2015, and will hand over possession of the disputed premises to the respondents.

"I. Purshottambhai Makanji Joshi, Managing Trustee of Shri Porbandar Sharirik Shikshan Pracharak Mandal, Age:Adult, Residing at:Jalaram Colony Opp.HMP Cement, HMP Porbandar, do hereby solemly affirm and state on oath as under:-
1.I say and submit that the trust has construct a school building on plot nos.5,30,31,44,64,65,66 of N.A. Land having Survey No.40/1, 41 and 42 and also on common plot 1 and 2 of the Survey No.40/1, 41 and 42.
2.I further say and submit that the trust has made to communication to respondent no.1 on dated 15.03.2014 to the effect that the trust has taken a decision after careful consideration that the petitioner will remove the construction standing on the common plot and trust will shift the school premises to the other place for that purpose a time is needed up to November-2015, and it was also requested that for larger interest time is needed up to November-2015 for shifting the school premises. It is further stated that the trust will hand over peace full possession of the dispute premises as earlier as possible. I further say and submit that I remain adher to the contention made in the communication to the Hon'ble Collector on 15.03.2014, which is annexed as Annexure-N to the petitioner on page no.56.
3.I further say and submit that I hereby under take that the petitioner trust will remove a construction standing on the common plot no.1 and 2 and on public road Survey No.40/1, 41 and 42 at Village;Khapat of District Porbandar for that purpose petitioner needs a time upto November-2015 and after November-

2015 petitioner trust will handover the peaceful possession of the disputed premises to the village panchayat for that purpose the petitioner hereby undertake to do so as above stated.

4.I further say sand submit that the petitioner trust hereby gives undertaking that it will demolish a construction standing common plot nos.2 and 3 and on public road of the Survey No.40/1,41 and 42 at the end of November-2015 and hand over the peaceful possession of the disputed premises to the panchayat subsequently and further trust will not claim any equity or rights or interest over the disputed property in future.

What is stated herein above is true and correct to the best of my knowledge and information.