CSA 371/09 Rafiq and another Vs. Jikruddin & Ors. (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.371/2009 Rafiq and another Vs. Jikruddin and others Date of Judgment :: 24th August, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Mahendra Goyal, for appellant. Mr. Yogesh Kumar Sharma, for respondent. ....... By the Court :- This is defendants' second appeal against the concurrent judgment and decree of eviction. 2. Learned counsel for the appellants does not press this appeal on merits and only seeks reasonable time for handing over the vacant possession of the disputed plot to the respondent-landlord. 3. During the course of arguments, counsel for the respondent-landlord has agreed for granting time to the appellant-defendants upto 31/12/2010. 4. Having considered the rival submissions made at the bar and keeping in view that appellants have not pressed this appeal on merits and only sought time to vacate the disputed plot, therefore, with consent of learned counsel for the parties this appeal along with the stay application is dismissed CSA 371/09 Rafiq and another Vs. Jikruddin & Ors. (2) with the order as follows :- (i) The appellants shall hand over the vacant possession of the disputed plot to the respondent-landlord on or before 31/12/2010; (ii) The appellants shall pay/deposit Rs.200/- per month to the respondent-plaintiff for the use and occupation of the disputed plot by 15th of every month till vacant possession is handed over and three defaults in making the payment of the monthly amount shall make the respondent-plaintiff-landlord entitle to get the disputed plot vacated. (iii) The appellants shall not create any third party interest in the disputed plot; (iv) The appellants shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of one month. 5. In case the appellants fail 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. VS Shekhawat/- Jr. P.A. S2