1 S.B. CIVIL SECOND APPEAL NO.100/2008 Indrapuri Vs. Trust Sri Krishna Gopal Dharmshala, Marwar Junction Date of Order :: 8th May 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Mukesh Rajpurohit for the appellant Mr.H.L.Kela for the respondents .. In this appeal, on 02.04.2008, after taking note of the submissions of the learned counsel for the appellant that appellant seeks some extra time to vacate the suit premises, notices were ordered to be issued to the respondent to show cause as to why the proposition of granting some extra time to the appellant to vacate the suit premises be not given due consideration subject to the condition of the appellant within a week depositing entire decreetal amount and the arrears of rent/mesne profits and submitting a specific undertaking, to comply with the final orders to be passed in this appeal, supported by his affidavit. Notices were to be issued in the matter upon the appellant furnishing proof of deposit and undertaking. However, the Office proceeded to issue notices as filed by the appellant though the requisite proof was not furnished. Consequent to order dated 29.04.2008, the Dy. Registrar (Judicial) has stated in his report about the clerk concerned having apologized for the mistake and having assured to 2 remain careful in future; and about the matter having been referred to the Registrar General for appropriate action. Office is required to remain careful and to carry out punctual compliance of the requirements of the orders passed by the Court. The appellant has submitted an application for condonation of delay in submitting undertaking and proof of deposit and has stated that the delay occurred for bona fide and unintentional mistake. Photostat of certain deposit receipts have been placed on record which include receipt dated 04.02.2008 whereby the appellant deposited rent upto the month of March 2008. Counsel submits that rent for the month of April 2008 has been deposited yesterday. A copy of the undertaking filed to the Trial Court has also been placed on record wherein the appellant has, inter alia, undertaken that he shall vacate the premises within the time granted by the Court. Having regard to the circumstances of the case, the delay and default on the part of the appellant in carrying out the compliance is condoned. The documents as filed by the appellant are taken on record. IA No.5372/2008 stands disposed of. Learned counsel for the appellant has prayed for granting of time of about one and half years to vacate the suit 3 premises so as to enable the appellant to make alternative arrangement. Learned counsel for the respondent submits that even though some reasonable time may be allowed to the appellant but the amount of mesne profits that stands at Rs.250/- per month may be considered for enhancement. Having regard to the facts and circumstances of the case, this Court is of opinion that interest of justice shall be served if the appellant is granted time to vacate the suit premises upto 31.03.2009. No enhancement in the amount of mesne profits is being allowed in this case looking to the submission that the appellant is maintaining a tea-stall at the suit premises and looking to the overall facts and circumstances. Of course, for no substantial question of law being involved in this second appeal, the appeal is required to be and is dismissed; however, the appellant is granted time to vacate the suit premises by 31.03.2009 on the following conditions:- (i) The appellant shall personally submit an undertaking supported by affidavit before the trial court within three weeks from today to the effect that on or before 31.03.2009, he shall hand over peaceful and vacant possession of the suit premises to the plaintiff-respondent. He shall 4 also undertake not to cause any damage to the suit premises nor to make any alteration and not to assign, sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) The appellant shall deposit within three weeks the arrears, if any, of the rent/mesne profits and of the decretal amount and shall further pay to the landlord the amount for use and occupation of the suit premises at the rate of Rs. 250/- (Rupees two hundred and fifty) per month or deposit this amount in the bank account of the landlord (particulars whereof may be furnished by the respondent within two weeks) month by month on or before 15th day of the next month. It is made clear that upon the appellant's failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the plaintiff-respondents shall be entitled to execute the decree forthwith in accordance with law. No costs. (DINESH MAHESHWARI),J. Mohan/