IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1769 of 2009 SMT. ANJANA TRIVEDI, wife of Late Kailashpati Trivedi, R/o Jai Prakash Pandey Lane Mohalla – Jogsar (Gowal Toli), P.S. Kotwali, District Bhagalpur ……Defendant … Petitioner Versus 1. SMT. SUSHILA DEVI , Wife of Late Baldeo Prasad Saha, 2. Raj Kumar Saha, Son of Late Baldeo Prasad Saha 3. Rajesh Kumar Saha, Son of Late Baldeo Prasad Saha, All resident of Naugachia Bazar, P.S. Naugachia, District – Bhagalpur ….. Plaintiffs … Opposite Parties 1st Set 4. Smt. Sandhya Sharma, Wife of Sri Bishwanath Sharma, Resident of Jai Prakash Pandey Lane, Mohalla – Jogsar (Gowal Toli), P.S. Kotwali, District Bhagalpur (Formal) .. Defendant … Opposite Party IInd Party ----------- For the Petitioner : M/s Ganpati Trivedi and Dev Kumar Pandey, Advocates For the opposite Parties : M/s V. Nath, Raj Kumar and Ajay Kumar Singh, Advocates 12 26.04.2010 Heard learned counsel for the petitioner and the opposite parties. Learned counsel for the opposite parties files supplementary affidavit. During the course of hearing an agreement had been reached between the parties. Learned counsel for the petitioner had filed affidavit in this regard undertaking to handover the vacant possession of the suit premises within 9 months i.e. by 7th of January, 2011. The opposite parties have 2 also filed affidavit accepting this proposition. However, a matter was raised that arrears of rent since month of March 2008 had become due. The learned counsel for the petitioner handed over a demand draft of Rs. 6000/- towards the aforesaid arrears to the learned counsel for the opposite parties towards the entire arrears of rent till March 2010. Learned counsel further undertakes that till the premises is vacated by the fixed date the petitioner would positively pay the rent of every month by money-order without fail. Learned counsel for the opposite party had accepted the cheque and submitted that the same is to the satisfaction of the opposite party. In view of the aforementioned agreement and consensus reached between the parties, this civil revision is being disposed in following terms agreed between the parties:- The petitioner, as per her undertaking, shall vacate the premises on or before 7th January, 2011 and shall pay rent to the petitioner at the rate of Rs. 250/- per month till then. The opposite party 3 will not pursue the Execution Case till 9th of January, 2011. However, in case the petitioner fails to hand over the vacant possession by the fixed date, the Executing Court concerned shall at once take steps for ejectment of the petitioner and delivery of possession in favour of the opposite party as per the decree. This civil revision stands disposed of with the aforesaid observations and directions. Spd/- (Dr. Ravi Ranjan, J.)