RSA No.4082 of 2006 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.4082 of 2006 (O&M) Date of Decision: September 17, 2009 Harnek Singh ...... Appellant Versus Ameeta Walia ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. S.S.Swaich, Advocate for the appellant. Mr. Aun Jain,Senior Advocate with Mr. Sunil Sharma, Advocate for the respondent. **** Ajay Tewari, J. During arguments the controversy has considerably narrowed down. Learned counsel for the appellant on instructions from his client who is present in Court, has stated that in case he is allowed six months time to vacate the premisses in dispute and to withdraw (if not already withdrawn by today) the earlier rent deposited by him as well as if the respondent agrees not to claim any rent from him for the period of six months, he would not continue with this appeal and would pray for withdrawal subject to these conditions. Learned Senior Advocate for the respondent, on instructions from his client who is present in Court, has stated that he has no objection RSA No.4082 of 2006 (O&M) 2 and agrees to these terms. In the circumstances this appeal is dismissed as withdrawn with the condition that (i) the appellant would vacate the premises in dispute on or before 15.03.2010; (ii) the appellant would also be entitled to withdraw such rent which has been deposited by him in the trial Court (if not already withdrawn by the respondent up to today); (iii) the appellant would not be liable to pay any rent for the intervening period i.e. up to 15.03.2010. Let the appellant furnish undertaking to this effect within a period of three weeks from today. It is made clear that in case the appellant does not file the requisite undertaking this appeal shall stand dismissed without further reference to this Court. (AJAY TEWARI) JUDGE September 17, 2009 sunita