// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.4754/2008 Manohar S/o Kodamal Versus Smt. Ganga Bai W/o Parasram Sindhi and Another Date of Order ::: 22.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri R.P. Vijay, Counsel for petitioner Shri Suresh Pareek with Shri N.C. Sharma, Counsel for respondents #### By the Court:- Admit. Heard learned counsel for the parties. Learned counsel for the petitioner does not press the writ petition on merits and prays for grant of one year's time to vacate the rented premise. Learned counsel for the respondents has no objection for grant one year's time to the petitioner to vacate the rented premise. On the consent of the learned counsel for the parties, the writ petition is disposed of on the following terms and conditions:- 1.The petitioner undertakes to hand-over the vacant and peaceful possession of the rented premise to the respondents on or before 30th September, 2009. // 2 // 2.The petitioner undertakes to pay or deposit the entire arrears of rent, if any, within a period of one month from today and will further continue to pay the monthly mesne-profit of the rented premise as ordered by the Appellate Rent Tribunal, Kota, till the date of actual delivery of possession thereof, by 15th day of the next succeeding month or in advance to the respondents. 3.The petitioner further undertakes that he shall not sub-let, assign or part with the possession of the rented premise or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period. 4.The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the Tribunal within a period of four weeks from today, after furnishing a copy thereof to the opposite party. It is made clear that in case the petitioner fails to comply with any of the aforesaid terms and conditions or fails to pay the mesne-profit, as directed above, for consecutive two months, then it will be open for the respondents to get the decree of eviction executed even before the aforesaid // 3 // date and to initiate contempt proceedings in this Court. With the aforesaid terms, conditions and directions, the writ petition is accordingly dismissed as not pressed. In view of the above, there is no need to pass any separate order on the application under Article 226(3) of the Constitution and the same also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//