1 S.B. Civil Second Appeal No. 161/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT S.B.CIVIL SECOND APPEAL NO.161/2010 Ashok Kumar Taksali Vs. Jaswant Singh. DATE OF JUDGMENT: 26-10-2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. A.K. Pareek, for the appellant. Mr. Ashok Kumar Taksali, appellant present in person. Mr. Sanjay Mehrishi, for the respondent. Mr. Jaswant Singh, respondent present in person. BY THE COURT: Heard learned counsel for the parties. 2. This is defendant's second appeal in a suit for eviction filed by plaintiff-respondent, which has been decreed by both the courts below on the ground of default in payment of monthly rent. 3. Learned counsel for the appellant on the instructions of appellant, Mr. Ashok Kumar Taksali, who is present in the Court, does not press the second appeal on merits and prays for grant of time to hand over vacant and peaceful 2 S.B. Civil Second Appeal No. 161/2010 possession of the rented premises to the plaintiff-respondent. 4. Learned counsel for the respondent, on instruction of respondent, Mr. Jaswant Singh, who is present in the Court, has no objection in granting the reasonable time to the appellant. 5. Both the parties have agreed to dispose of the present second appeal on the following terms and conditions: 1. Defendant-appellant undertakes to hand over vacant and peaceful possession of the rented premises in dispute to the plaintiff- respondent on or before 26th November, 2010. The plaintiff- respondent shall not execute the impugned decree of eviction till 26th November, 2010. 2. Defendant-appellant undertakes that he will not sub-let, assign or part with the possession of the rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period. 3. Respondent-plaintiff will not claim any arrears of rent or future rent for one month, if the premises is vacated on or before 26th November, 2010. 4. Defendant-appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial court or before this Court with an advance copy to learned counsel for the respondent within a period of one week from today. 5. If the appellant does not comply with any of the aforesaid terms and conditions, then it will be open for the 3 S.B. Civil Second Appeal No. 161/2010 plaintiff/respondent to get the decree of eviction as well as arrears of rent and future mesne profit passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. 6. With the aforesaid terms and conditions and directions, second appeal is dismissed as not pressed. (Narendra Kumar Jain),J. Manoj, Item No. S.15.