-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.9444 of 2009 Subhash Chand Paliwal son of Shri Roshan Lal Paliwal VERSUS Civil Judge (J.D.) Ajmer West, Ajmer & Another Date of Order :::: 19th February, 2010. Hon'ble Mr. Justice Dalip Singh Mr. S.K. Singh, Counsel for the Petitioner Mr. Sudesh Bansal, Counsel for the Respondents *** By the Court : The service upon the respondent No.1 is dispensed with. Mr. Sudesh Bansal has put in appearance on behalf of the respondent No.2, as such the service is complete. On the request of the learned counsel for the parties, the writ petition itself has been taken up for final disposal at the orders stage. A short point involved in the present case is that the Civil Second Appeal bearing No.460 of 2004 filed by the petitioner came to be decided vide order dated 16.02.2009 according to which 15-months time expiring on 15.05.2010 was allowed to the petitioner to vacate the premises in dispute. For this purpose, the petitioner was required to furnish an -2- undertaking before the learned trial Court within a period of four-weeks from the date of receipt of the certified copy of the said order. The submission of the learned counsel for the petitioner is that the certified copy in the instant case was received by the petitioner late and, therefore, he submitted an undertaking as soon as the certified copy was made available. This appears to be correct on perusal of Annexure-2 and the seal at its reverse. The learned trial Court held that the undertaking has not been submitted within time and, therefore, rejected the application submitted by the petitioner for taking the undertaking. It is against the aforesaid order of the learned trial Court dated 14.05.2009, hence, the present writ petition has been filed. Learned counsel for the non-petitioners submitted that the petitioner should be directed to file the undertaking now that he shall vacate the premises onor before 15.05.2010. In the facts and circumstances of the present case, it is directed that the petitioner shall submit a fresh undertaking before the learned trial Court within a week from today stating therein that the petitioner shall submit an undertaking for vacating the premises on or before 15.05.2010, if such an undertaking is not filed before the learned trial Court on or before 26.02.2010, the learned trial Court is free to execute the -3- decree. Subject to the above, the writ petition stands disposed of. (Dalip Singh), J. Ashok/