CSA 260/09 Rikhab Chand & Anr. Vs. Pawan Kumar (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Civil Second Appeal No.260/2009 Rikhab Chand and another Vs. Pawan Kumar Date Of Order :: 1st May, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Ajeet Bhandari, for appellants. Mr. Ambrish Vashishtha, for respondent. ........ By the Court :- This is defendants' second appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree dated 7/3/2009 passed by Additional District Judge (Fast Track) No.4, Bharatpur Headquarter, Deeg in Civil Appeal No.33/2008 (14/2004) by which the appeal filed by the defendants has been dismissed and the judgment and decree dated 13/5/2004 passed by Civil Judge (Junior Division) Kaman, Bharatpur in Civil Suit No.71/1990 was affirmed. 2. Learned counsel for the appellants CSA 260/09 Rikhab Chand & Anr. Vs. Pawan Kumar (2) does not challenge the findings on merits and only contended that for arranging an alternate accommodation a period of two years may be granted to vacate the disputed shop. 3. Learned counsel for the respondent does not oppose the above prayer for granting reasonable time. 4. Having considered the rival submissions made at the bar and keeping in view that appellants have not pressed this appeal on merits and only sought time to vacate the suit shop, therefore, this appeal along with the stay application is dismissed with the order as follows :- (i) The appellants shall hand over the vacant possession of the disputed shop to the plaintiff-respondent-landlord on or before 28/2/2011; (ii) The appellants shall continue to pay/deposit the mesne profits for the use and occupation charges at the rate of Rs.85/- per month to the respondent-plaintiff by 15th of every month and three defaults in making the payment of the amount shall make the respondent-plaintiff entitle to get the CSA 260/09 Rikhab Chand & Anr. Vs. Pawan Kumar (3) disputed shop vacated. (iii) The appellants shall not create any third party interest in the property in dispute; (iv) The appellants shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of one month; 5. In case the appellants fail to comply with any of the above term and condition, the plaintiff-respondent-landlord would have a right to execute the decree. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A. D54