CSA 394/09 Smt. Kamla and another Vs. Suman Kishore (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.394/2009 Smt. Kamla and another Vs. Suman Kishore Date of Judgment :: 20th July, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. L.L. Gupta, for appellants. Mr. Sudhir Jain, for respondent. ....... By the Court :- This is defendants' second appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree dated 20/5/2009 passed by Additional District Judge, Gangapurcity in Regular Civil Appeal No.32/2006 by which the appeal filed by the defendants was dismissed and the judgment and decree of eviction and arrears of rent dated 17/8/2006 passed by Civil Judge (Junior Division) First Class, Gangapurcity was affirmed. 2. Learned counsel for the appellants does not press this appeal on merits and only seeks time for vacation of the disputed property till 31/12/2010. 3. Learned counsel for the respondent opposed the above prayer for giving long time for vacating the disputed premises. CSA 394/09 Smt. Kamla and another Vs. Suman Kishore (2) 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 disputed premises to the plaintiff-respondent-landlord on or before 31/12/2010; (ii) The appellants shall continue to pay/deposit the monthly rent of Rs.1029/- to the respondent-plaintiff by 15th of every month and shall further pay the arrears, if any, within three months and three defaults in making the payment of the monthly amount shall make the respondent-plaintiff entitle to get the disputed premises vacated. (iii) The appellants shall not create any third party interest in the property in dispute; (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. VS Shekhawat/- Jr. P.A. D66