1 S.B. Civil Second Appeal No. 434/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR S.B.CIVIL SECOND APPEAL NO.434/2010 Nemichand Vs. Ramswaroop & Others. DATE OF JUDGMENT: 25-10-2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. Sanjay Mehrishi, for the appellant. Mr. S.M. Mehta, Senior Counsel with Mr. Harsh Sharma, for the respondents. BY THE COURT: Heard learned counsel for the parties. 2. This is defendant's second appeal in a suit of dispossession and arrears of rent which has been decreed by both the courts below. 3. Learned counsel for the appellant, Mr. Sanjay Mehrishi does not press the second appeal on merits and prays for grant of time to hand over vacant and peaceful possession of the rented premises to the plaintiffs-respondents. 4. Learned counsel for the respondent has no objection in granting the reasonable time to the appellant. 5. Both the parties have agreed to dispose of the present second appeal on the following terms and conditions: 1. The defendant-appellant undertakes to hand over vacant and peaceful possession of the rented premises in dispute to the plaintiffs-respondents on or before 31st July, 2011. The plaintiffs- 2 S.B. Civil Second Appeal No. 434/2010 respondents shall not execute the impugned decree of dispossession till 31st July, 2011. 2.Defendant-appellant undertakes to pay or deposit the arrears of rent, if any, within a period of one month and will further pay or deposit the future mesne profit/rent by 15th day of each succeeding month or in advance to the plaintiffs-respondents till the date of actual delivery of the possession. 3.Defendant-appellant further undertakes that he will not sub- let, assign or part with the possession of the rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period. 4. Defendant-Appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial court or before this Court with an advance copy to learned counsel for the respondents within a period of two weeks from today. 5. If the appellant does not comply with any of the aforesaid terms and conditions and/or fails to make payment of rent/mesne profit, as directed above for consecutive three months, then it will be open for the plaintiffs/respondents to get the decree of dispossession passed in their favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. 6. With the aforesaid terms and conditions and directions, second appeal is dismissed as not pressed. (Narendra Kumar Jain),J. Manoj, Item No. 15.