1 S.B.CIVIL SECOND APPEAL NO.341/2009. Rakesh Kumar. VS Pitamber Das & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL SECOND APPEAL NO.341/2009. Rakesh Kumar. VERSUS Pitamber Das and Others. 26.05.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Ashok Singh Shekhawat] Mr.G.R.Bardar ] for the appellant. Mr.Ravi Shankar Sharma, for the respondents. ----- Heard learned counsel for the parties. Learned counsel for the appellant submitted that appellant does not wish to press this appeal on merits and would be satisfied if some reasonable time may be allowed for vacating the disputed premises. Learned counsel appearing on behalf of respondents submits that his clients would not execute the decree upto 31.12.2010. In the facts and circumstances, therefore, it is hereby ordered that the decree shall not be executed by the respondents against the appellant upto 31.12.2010 on the condition that the appellant submits an undertaking that he would handover vacant and peaceful possession of the disputed premises on or before 31.12.2010 to the respondents-decree holder. The said undertaking be submitted before the trial court within a period of four weeks from today. The appellant would further ensure at the time of submission of undertaking that all the arrears of rent upto 31.05.2009 have been paid/deposited and would further submit proof of 2 S.B.CIVIL SECOND APPEAL NO.341/2009. Rakesh Kumar. VS Pitamber Das & Ors. payment/deposit of the rent. The appellant shall also ensure that during the period upto 31.12.2010, the rent is paid month by month by the 15th of next succeeding month. It is hereby made clear that in case the appellant fails to comply with any of the aforesaid conditions within the time allowed, it would be open for the respondents-decree holder to execute the decree forthwith. The undertaking shall also contain stipulation that the appellant shall not sublet, assign or part with the possession of the premises in dispute during the said period upto 31.12.2010 and would not create any third party interest therein. Accordingly, this appeal stands disposed of subject to the above conditions. The stay application is also disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.