1 S.B.CIVIL SECOND APPEAL NO.167/2009 Suresh Kumar Vs. Sita Ram Date of Order :: 19.07.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr B.K. Vyas, for the appellant-defendant. Mr. Ashok Bhansali, for the respondent-plaintiff. After arguing to some length, learned counsel for the appellant urged that he wants to withdraw this appeal, with permission to retain the premises in question with him for a term of six months further. Learned counsel for the respondent- plaintiff does not object for that, if the reasonable check is imposed. In view of that the appeal is dismissed as withdrawn subject to the condition that the petitioner submit an undertaking before the learned trial court within a period of fifteen days from today that : (1)- He will handover complete vacant possession of the shop to the respondent-plaintiff on or before 18.1.2011. (2)- He will not part with the possession of the premises or any portion of it to anybody else before handing over the vacant premises to the respondent-plaintiff. (3)- He will make the payment of rent to the respondent- 2 plaintiff month by month and that is before 7th day of every month. (4)- The arrears of rent and also the mense profit as determined and awarded shall be paid to the respondent-plaintiff within a period of one month from today. In the event, the appellant-defendant do not submit an undertaking aforesaid or violate any condition thereof, then the respondent-plaintiff would be entitled to get the decree executed. (GOVIND MATHUR), J. rm/