RSA No. 2489 of 2009 Ramesh Kumar vs. Ram Avtar Present: Mr. Sandeep Kotla, Advocate for the appellant. *** After arguing for some time learned counsel for the appellant has stated that in case some time is granted to the appellant to vacate the premies he shall withdraw the present appeal. Considering that concededly the premises in dispute is a shop, I find this to be a fair request. Consequently it is directed that the defendant shall hand over vacant possession of the premises in dispute to the respondent by 31.12.2009 provided that the appellant files the usual undertaking within ten days in this Court to hand over the possession by the said date and to continue to pay the rent regularly in advance by the first of every month. Any arrears shall be paid within ten days. It is made clear that in case of default benefit of this concession shall automatically be deemed to be withdrawn and the respondent shall be entitled to execute the decrees of the courts below. This appeal is thus permitted to be withdrawn. Dismissed as withdrawn with the above observations. (AJAY TEWARI) JUDGE July 08, 2009 sunita