(1) IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL SECOND APPEAL No.460/2004 Subhash Chand & Ors. Vs Vishvavibhuti Vaidh & Ors. Date: 16/02/2009 ** HON'BLE MR. JUSTICE K.S. RATHORE ** Mr. S. Kasliwal, for the appellants. Mr. Sudesh Bansal, for the respondents. -- This civil second appeal under Section 100, CPC is preferred by the defendants-appellants against the judgment and decree dated 27.08.2004 passed by Additional District Judge, No.1, Ajmer in Civil Regular Appeal No.130/1997, by which the first appellate Court has dismissed appeal filed by the appellants-defendants and upheld the judgment and decree dated 29.04.1997 passed by Civil Judge (Jr. Division) cum Judicial Magistrate, First Class, Ajmer (West), Ajmer in Civil Suit No. (167/1981) 23/1993 by which the suit for possession filed by the plaintiff- respondent has been decreed. Learned Counsel for the appellants at this stage submits that the appellants do not wish to press this second appeal on merits and would be satisfied if some reasonable time to vacate the shop in question i.e., two years time may be allowed for vacating the disputed shop and handover the possession of the shop to plaintiff- respondent. Although, the request of the (2) appellants has not been opposed by learned Counsel for the respondent-plaintiff but the time as prayed by the appellant-defendant is opposed. It is contended that one months time is sufficient to vacate the shop in question and handover the possession of the same to plaintiff-respondent. Learned Counsel for the appellants-defendants undertakes that the appellant will hand over the vacant possession of the shop in question within fifteen months from the date of passing of this judgment to plaintiff-respondent. In the facts and circumstances and considering the submissions advanced by the learned Counsel for the respective parties on allowing time to appellant to handover the vacant possession of the shop to plaintiff-respondents, it is hereby ordered that the decree shall not be executed by the respondents-plaintiffs against the defendants- appellants up to fifteen months from the date of passing of this judgment on the condition that the appellants submit an undertaking that they would handover vacant and peaceful possession of the disputed shop on or before completion of fifteen months to the respondents-decree-holder. The said undertaking be submitted before the trial Court within a period of four weeks from the date of receipt of certified copy of this judgment. The appellants would further ensure that at the time of submissions of undertaking that all the arrears of rent have paid/deposited and would further submit proof of payment/deposit of rent. It is also made clear that in case of appellants (3) fails 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. In case the appellants failed to make payment of arrear of rent, if any, the appellants have to pay interest @ 9% on the arrear of rent. The undertaking shall contain stipulation that the appellants shall not sublet, assign or part with the possession of the shop in dispute during the said period, which is for one year and would not create any third party interest therein. In the result, the present second appeal stands disposed of. The interim order dated 13.10.2004 stands vacated. The stay application also stands rejected. (K.S. RATHORE), J. DJ/- 19