MC 1455/2008 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Ms. B. Choudhury, learned counsel for the applicant/petitioner and Ms. M. Barman, learned counsel appearing for the respondents. While disposing of the connected revision petition i.e., CRP No. 364/07 vide jud gment and order dated 19.3.08, the petitioner was directed to submit undertaking before the learned trial court within a period of two weeks from that date but the said undertaking could not be filed during the period specified by the cour t as the petitioner was stated to be ill and steps could not be taken and the l earned executing court rejected the undertaking so placed by the petition on 5.5 .08. The order passed by the learned executing court for not accepting the under taking filed beyond the period prescribed by this court cannot be said to be illegal, unjust and improper inasmuch as such the order is in compliance of the higher court. It is further submitted by Ms Choudhury that the other part of th e conditions have already been complied with by the petitioner. Taking note of the facts and circumstances of the case and upon hearing the lear ned counsel for the parties, this application is disposed of with the direction that the petitioner shall file the undertaking as prescribed on or before 28.5. 08 i.e. by Wednesday next failing which the decree in question shall be put in execution. Misc. case stands disposed of