1 S.B. Civil Execution Second Appeal No. 1/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Execution Second Appeal No. 1/2009 Sokat Khan & Another Versus Abdul Gaffar & Others. Date: 30.09.2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. M.M. Ranjan, for the appellants. Mr. Abdul Ajeej, Appellant No. 2, present in person. Mr. G.K. Garg and Mr. L.L. Gupta, for the respondents. BY THE COURT:- Learned counsel for the appellants Mr. M. M. Ranjan, on the instructions of appellants does not press the appeal on merits and submits that the appellants may be granted 1½ years' time to hand over vacant and peaceful possession of the rented premises to the respondents/decree holders. Learned counsel for the respondents has no objection in granting the time to the appellants. Both the parties have agreed to the following terms and conditions: 1. Both the appellants undertake to hand over vacant and peaceful possession of the rented premises in dispute to the decree holders/respondents on or before 31st March, 2012. The decree holders/respondents shall not 2 S.B. Civil Execution Second Appeal No. 1/2009 execute the impugned decree of eviction till 31st March, 2012. 2. Appellants further undertake that they shall 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. 3. Appellants shall furnish a written undertaking incorporating the aforesaid conditions in the executing court or before this Court with an advance copy to the learned counsel for the respondents/decree holders on or before 07th October, 2010. 4. Respondents/decree holders will be free to recover the amount of mesne profit/arrears of rent in accordance with law. 5. If the appellants do not comply with any of the aforesaid terms and conditions as mentioned, then it will be open for the respondents/decree holders to get the decree passed in their favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. With the aforesaid terms and conditions, second appeal is dismissed as not pressed. Since the appeal itself has been disposed of finally, therefore, learned counsel for the appellants does not press his application under Order 41 Rule 27 CPC and the same is, also dismissed. (Narendra Kumar Jain),J. Manoj, Item No.S.1.