RSA No.1273 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No.1273 of 2011 (O&M) Date of Decision: 12 - 8 - 2011 Kanta Devi and others ....Appellants v. Manju ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Parminder Singh, Advocate for the appellants. Mr.Vikrant Rana, Advocate for Mr.Vijender Singh, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Manju Devi plaintiff filed a suit for redemption of the demised shop. The trial Court granted her the following relief:- “31. As a sequel to the findings of this Court on foregoing issues, the suit of the plaintiff succeeds and the same is hereby decreed with costs. Deceased defendant through his legal representatives is directed to hand over the vacant possession of the shop of the plaintiff within a period of one month from today after accepting an amount of Rs.5000/- from the plaintiff. It is made clear that in case the defendant refused to accept the amount, the plaintiff shall be at liberty to deposit the same in the court within a period of one month from today. Decree- sheet be prepared accordingly and file be consigned to the RSA No.1273 of 2011 [2] record room after due compliance.” Aggrieved against the same, the legal representatives of defendant-Sohan Lal filed an appeal. The lower Appellate Court dismissed the appeal. Hence, the present Regular Second Appeal has been filed. Today, Mr.Parminder Singh, counsel for the appellants, on instructions from appellants Kanta Devi and Amit, who are present in Court has stated that in case sufficient time is granted to them to retain the demised shop, they will vacate and hand over actual physical vacant possession of the same to the plaintiff-respondent. Mr.Vikrant Rana, Advocate who is present in Court along with Prem Chand husband of the plaintiff-respondent also states that amicable resolution of the dispute will be in the interest of all and if the appellants themselves hand over actual physical possession of the demised shop, one year time may be granted to them to retain the shop. Mr.Parminder Singh, counsel for the appellants and Mr.Vikrant Rana, counsel for the respondent have stated that grant of one year time to the appellants to vacate and hand over actual physical possession of the demised shop will be just and appropriate. Mr.Parminder Singh has further stated that appellants will file an undertaking in the trial Court that on or before 1.9.2012, they shall hand over vacant physical possession of the demised shop to the plaintiff-respondent in view of the broad consensus arrived at between the parties. It is ordered that in case an undertaking to above effect is filed before the trial Court on or before 1.9.2011, the appellants shall retain possession of the shop for one year commencing from 1.9.2011. However, in case the undertaking is not filed within the stipulated period, the law will RSA No.1273 of 2011 [3] take its own course. As submitted by counsel for the parties, the present appeal is dismissed as not pressed in view of the broad consensus noticed above. ( KANWALJIT SINGH AHLUWALIA ) August 12, 2011. JUDGE RC