IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 549 of 2010 (M/S) Bhagwat Ram ………..Petitioner Versus Smt. Damyanti Devi …….Respondent Shri Piyush Garg, learned counsel for the petitioner. Shri H.C. Pathak, learned counsel for the respondent. Dated: 20 April, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present writ petition has been filed by the petitioner challenging the order dated 19.03.2010 passed by the District Judge Nainital in Civil Appeal no.13 of 2008 Bhagat Ram Vs. Damyanti Devi, the order dated 11.03.2008, passed by the learned Civil Judge (S.D.) Nainital in civil suit no.10 of 2006 Smt. Damyanti Devi Vs. Bhagat Ram and order dated 16.04.2010 passed in execution of 16.04.2010. Learned counsel for the petitioner submitted that the petitioner and respondent are brother and sisiter. Property in dispute is situated at 6-76, Kaladhungi Road, Haldwani, Distt. Nainital. The said property was given to the respondent by the father of the petitioner vide Will dated 21.05.1983. Learned counsel for the petitioner submitted that petitioner is ready to vacate 2 the premises in question but he needs time upto 31.12.2010. Learned counsel for the respondent states that the respondent does not have any objection in case time is given to the petitioner for vacating the premises in question. In view of the undertaking given by the learned counsel for the petitioner, this writ petition is disposed of with an observation that petitioner shall be permitted to occupy the property in question till 31st December, 2010. He shall vacate the premises on or before 31.12.2010. In this regard the petitioner shall file an undertaking before Civil Judge (S.D.), Nainital in Execution Case No.5 of 2010 within a period of 3 weeks from today stating therein that the petitioner will vacate the premises in question on or before 31.12.2010. In case no such undertaking is filed before the execution court, it will be open for the respondent to get the premises vacated by executing the decree. In the aforesaid terms the writ petition is disposed of. (V.K. Bist, J.) Arpan 20.04.2010