IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.58 of 2010 SAHABUDDIN ASHRAF @ CHAND, SON OF LATE SAIYAD AHMAD, RESIDENT OF MOHALLA-MILLAT COLONY, BARI ROAD, POLICE STATION-CIVIL LINES, DISTRICT- GAYA. ……………………………………..DEFENDANT/PETITIONER. Versus KRISHNA PANDEY @ KARU PANDEY, SON OF LATE NATHUN PANDEY, RESIDENT OF MOHALLA-DHANI TOLA, POLICE STATION-KOTWALI, DISTRICT-GAYA. ………………………………...PLAINTIFF/OPPOSITE PARTY. ------------- For the Petitioner : M/s. V. Nath and Sandip Singh, Advocates. For the Opp. Party: Mr. Ashok Kumar Sinha No.3, Advocate. ----------- 10. 16.9.2010. This Civil Revision is directed against the order dated 11.11.2009 passed by the Munsif-I, Gaya, in Eviction Suit No.13 of 2005, whereby the court below has been pleased to direct the defendant-petitioner to vacate the suit premises and hand over the vacant possession of the same to the plaintiff-opposite party. When this matter was being heard, affidavit was filed on behalf of the petitioner giving undertaking to vacate the suite premises within seven months from the date of filing of affidavit which will end on 3rd of April, 2011. - 2 - Learned counsel appearing for the opposite party also did not object to that. However, an affidavit has also been filed on behalf of the opposite party that he will not disturb the petitioner or let out the suit premises within such seven months which will end on 3rd of April, 2011 and will receive the rent regularly. Learned counsel for the parties submitted that since consent has been arrived at between the parties, the order be passed in this regard. Upon aforesaid consensus having been reached between the parties, the petitioner, as per his undertaking, is directed to vacate the suit premises on or before 3rd of April, 2011 and in the meantime, he will continue paying rent @ Rs.250/- per month to the plaintiff-opposite party in the first week of every succeeding months by depositing the same in the execution case concerned. The plaintiff would be at liberty to withdraw the same. The plaintiff-opposite party, as per his undertaking, will not disturb the possession of the defendant-petitioner. However, it is made clear that the suit premises must be vacated by the defendant-petitioner on or before 3rd - 3 - of April, 2011 as per his undertaking and in compliance of this order. The further proceeding in Execution Case No.5 of 2010 pending in the court of Execution Munsif-Gaya, shall remain stayed till 3rd of April, 2011. If the petitioner fails either to pay the rent as ordered above or to vacate the suit premises till 3rd of April, 2011 as per his undertaking then the concerned executing court shall take immediate steps for effecting delivery of possession in favour of the plaintiff-opposite party. In view of the aforesaid consensus having been reached between the parties, this Civil Revision stands disposed of with aforesaid observations and directions. P.S. (Dr. Ravi Ranjan,J)