CSA 205/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CIVIL SECOND APPEAL NO.205/07 M/s. Ashumal Tolaram Versus Dargah Committee DATE OF ORDER : 30/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. R.M. Jain for Mr. Arjun Karnani, for appellant Mr. K.C. Sharma, for respondents *** Instant second appeal has been filed by defendant-appellant assailing judgment & decree of court of appeal dated 26th October, 2006 affirming the judgment of learned trial Judge dated 4th March, 2006. Office has pointed out that there is delay of 15 days in filing instant appeal. Application has been filed u/s.5 of Limitation Act seeking condonation of delay in filing appeal. After hearing counsel for parties, the same stands allowed. Both the counsel jointly submit that Second Appeal No.345/07 along with 7 connected appeals, have been decided by the Co-ordinate Bench of this court vide order dated 7th January, 2008 whereby following order was passed:- “Heard learned counsel for the parties. Learned counsel for the appellants submitted that appellant does not wish to CSA 205/07 [2] press these appeals on merits and would be satisfied if some reasonable time may be allowed for vacating the disputed premises. Learned counsel appearing on behalf of respondent submits that his client would not execute the decree upto 31.01.2009. In the facts and circumstances, therefore, it is hereby ordered that the decree shall not be executed by the respondent against the appellants upto 31.01.2009 on the condition that the appellants submit an undertaking that they would handover vacant and peaceful possession of the disputed premises on or before 31.01.2009 to the respondent- decree holder. The said undertaking be submitted before the trial court within a period of four weeks from today. The appellants would further ensure at the time of submission of undertaking that all the arrears of rent upto 31.01.2008 have been paid/deposited and would further submit proof of payment/deposit of the rent. The appellants shall also ensure that during the period upto 31.01.2009, the rent is paid month by month by the 15th of next succeeding month. It is hereby made clear that in case the appellants fail to comply with any of the aforesaid conditions within the time allowed, it would be open for the respondent-decree holder to execute the decree forthwith. The undertaking shall also contain stipulation that the appellants shall not sublet, assign or part with the possession of the premises in dispute during the said period upto 31.01.2009 and would not create any third party interest therein. Accordingly, these appeals are disposed of subject to the above conditions.” CSA 205/07 [3] Both the counsel submit that the present appeal may also be disposed of in the same terms. Consequently, the present appeal stands disposed of in view of the order passed in S.B.Civil Second Appeal No.345/2007. [AJAY RASTOGI], J. FRBOHRA,JR.P.A.205CSA2007 30-1.doc