1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. WRIT PETITION 7170/2008. 20.03.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Vinodi Lal Mathur, for the petitioner. Mr.Rinesh Gupta, for the respondent. ----- Heard learned counsel for the parties. Learned counsel for the petitioner submitted that petitioner does not wish to press this petition 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 31.12.2009. In the facts and circumstances, therefore, it is hereby ordered that the decree shall not be executed by the respondent against the petitioner upto 31.12.2009 on the condition that the petitioner submits an undertaking that he would handover vacant and peaceful possession of the disputed premises on or before 31.12.2009 to the respondent No.1-decree holder. The said undertaking be submitted before the trial court within a period of four weeks from today. The petitioner would further ensure at the time of submission of undertaking that all the arrears of rent upto 31.03.2009 have been paid/deposited and would further submit proof of payment/deposit of the rent. The petitioner shall also ensure that during the period upto 31.12.2009, the rent is paid month by month 2 by the 15th of next succeeding month. It is hereby made clear that in case the petitioner fails to comply with any of the aforesaid conditions within the time allowed, it would be open for the respondent No.1-decree holder to execute the decree forthwith. The undertaking shall also contain stipulation that the petitioner shall not sublet, assign or part with the possession of the premises in dispute during the said period upto 31.12.2009 and would not create any third party interest therein. Accordingly, this petition and the stay application are disposed of subject to the above conditions. The application No.45767 also stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.