CSA 133/09 (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.133/2009 Smt. Rekha Sharma Vs. Suresh Chand Mishra and another Date Of Order :: 20th March, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Naveen Kumar Sharma, for appellant. Mr. Hanuman Sharma, for respondents. ........ This is second appeal by the appellant- defendant no.1 under section 100 of the Code of Civil Procedure against the judgment and decree dated 15/11/2008 passed by Additional District Judge No.4, Jaipur City, Jaipur in Civil Regular Appeal No.29/2008 by which the judgment and decree dated 8/4/2004 passed by Additional Civil Judge (Junior Division) No.3, Jaipur City, Jaipur in Civil Suit No.28/2000 (791/90) was affirmed. 2. Learned counsel for the appellant does not press this appeal on merits and prays for some reasonable time to vacate the disputed premises and for handing over the same to the plaintiff-respondent. 3. Learned counsel for the respondents does not oppose this prayer and stated that reasonable time may be given CSA 133/09 (2) provided the appellant makes the payment of entire decreetal arrears as well as mesne profits. 4. With consent of learned counsel for both the parties, this appeal along with the stay application is dismissed with the order as follows :- (i) The appellant shall hand over the vacant possession of the property in dispute to the plaintiff-respondent-landlord on or before 31/12/2009; (ii) The appellant shall pay the entire arrears as well as the mesne profits to the respondent-plaintiff; (iii) The appellant shall not create any third party interest in the property in dispute; (iv) The appellant shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of three weeks; In case the appellant fails 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. D56