IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B. Civil Special Appeal (Writ) No.679/2009 (Madhu Lata Saxena Versus Municipal Council & Another) Date of Order :: 24th August, 2009 PRESENT HON'BLE SHRI JUSTICE R.C. GANDHI HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Surendra Kumar Nagar for Shri J.S. Tanwar for the appellant BY THE COURT: This appeal has been preferred against the order dated 26th May, 2009 passed in S.B. Civil Writ Petition No. 5362/2009, whereby the writ petition of the petitioner has been disposed of at the instance of the counsel for the petitioner, by the learned Single Judge by recording the following order: “Learned counsel for the petitioner submits that petitioner may be granted six months time to vacate the premises. The petitioner is permitted to file the application before the learned trial court with an affidavit and undertaking that he would vacate the premises within six months and hand over the vacant and peaceful possession of the premises in dispute to the respondents. Two weeks time is allowed to file the necessary application containing the undertaking along with the affidavit before the learned trial court. In case such an application is moved by the plaintiff- petitioner before the learned trial court along with arrears of -2- rent and other charges, the learned trial court would consider and decide such application after notice to the defendants. Subject to above, the writ petition is disposed of.” In view of the undertaking given on behalf of the appellant before the learned Single Judge, we find no merit in this appeal. The appeal is, accordingly, dismissed. (NARENDRA KUMAR JAIN),J. (R.C. GANDHI),J. DK/