1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 432 of 2009 RAMESH KUMAR V/S SMT. SAVITRI DEVI GEHLOT Mr. SAJJAN SINGH, for the appellant / petitioner Date of Order : 6.5.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI GOVIND MATHUR,J. ORDER ----- Heard learned counsel for the appellant, and perused the impugned orders of the learned Tribunals below, and the learned Single Judge. In our view, the findings are pure findings of fact, not amenable to interference in intra court special appeal jurisdiction. The appeal is, therefore, dismissed summarily. At this stage learned counsel for the appellant prays, that some reasonable time may be granted to the appellant to vacate the premises, as the premises is shop. At the request of the learned counsel for the appellant, the appellant is given one and half year's time to vacate the suit premises, on the condition, that the defendant 2 gives an undertaking before the learned trial court within one month from today, that on or before the expiry of the above period, he will peacefully hand over the vacant possession of the suit premises to the plaintiff, and that during this period, he will not, in any manner, transfer the possession of the suit premises to anybody. Likewise, the entire decreetal amount, so also all arrears of rent, if any, shall be deposited by the appellant in the trial court within one month from today and shall further continue to deposit amount equal to the monthly rent by way of damages for use and occupation by 15th of each succeeding month, till the actual delivery of possession. In case the appellant fails to comply with any of the above conditions, the respondent will become automatically entitled to execute the decree forthwith. ( GOVIND MATHUR ),J. ( N P GUPTA ),J. /Sushil/ `