S.B.CIVIL SECOND APPEAL NO. 197/2002 Smt. Ganpati Bai and others. Versus. Shri Om Prakash and others. 28/08/2008 HON'BLE MR.JUSTICE ASHOK PARIHAR. Mr. Anil Mehta, for the appellants. Mr. Sailesh Prakash, for the respondents. Suit for eviction filed by the plaintiffs-respondents was decreed by the trial court vide judgment and decree dated 09/08/2000 mainly on the ground of default in the payment of rent. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court vide judgment and decree dated 20/02/2002. After hearing counsel for the parties, I have carefully gone through the material on record. On the basis of concurrent findings of fact, in view of judgment of the Supreme Court, since after due consideration proper discretion has already been used by both the courts below, in the facts and circumstances, no further interference is called for by this Court, moreso, when no substantial question of law arises. However, since the present appeal is pending before this Court for last more than 6 years, the defendants-appellants may now vacate the suit premises on or before 1st of November, 2008 and also make the payment of rent till vacation of the suit premises to the plaintiffs-respondents. An undertaking in this regard will be filed before the trial court by the defendants-appellants within fifteen days. In case of violation of any of the conditions of the undertaking, the plaintiffs-respondents shall be free to execute the decrees passed by the courts below in accordance with law. The appeal is disposed of accordingly. (Ashok Parihar), J.