CSA 344/08 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Civil Second Appeal No.344/2008 Shri Yaghya Dutt Bajaj and another Vs. Shri Jaikishan Date Of Order :: 20th April, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Ms. Pradeep Lata Mathur, for appellants. Mr. Rahul Kamwar along with Mr. Jai Kishan, respondent. ........ This is defendants' second appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree dated 6/9/2008 passed by Additional District Judge No.2, Bharatpur in Regular Civil Appeal No.120/2003 by which the appeal filed by the defendants has been dismissed and the judgment and decree dated 19/8/2003 passed by Additional Civil Judge (Senior Division) No.4, Bharatpur in Civil Suit No.77/1999 was affirmed. 2. Learned counsel for the appellant does not challenge the findings on merits and CSA 344/08 (2) only contended that for arranging an alternate accommodation a period of one year may be granted to vacate the disputed premises. 3. Learned counsel for the respondent submitted that appropriate order may be passed. 4. Having considered the rival submissions made at the bar and keeping in view that appellants have not pressed this appeal on merits and only sought time to vacate the suit premises, therefore, this appeal along with the stay application is dismissed with the order as follows :- (i) The appellants shall hand over the vacant possession of the property in dispute to the plaintiff-respondent-landlord on or before 31/3/2010; (ii) The appellants shall continue to pay/deposit the mesne profits at the rate of Rs.20/- per month to the respondent-plaintiff by 15th of every month and three defaults in making the payment of the amount shall make the respondent-plaintiff entitle to get the disputed property vacated. (iii) The appellant shall not create any third party interest in the property in dispute; CSA 344/08 (3) (iv) The appellants shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of one month; 5. In case the appellants fail to comply with any of the above term and condition, the plaintiff-respondent-landlord would have a right to execute the decree. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A. D66