**1** IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Second Appeal No.710 of 2009. Om Prakash son of Shri Salig Ram VERSUS Lala Ram son of Shri Ram Pratap Date of Judgment :::: 27th January, 2010. Hon'ble Mr. Justice Dalip Singh Mr. J.P. Goyal, Counsel for the Appellant Mr. Satyavrata Sharma Counsel for the Respondent *** By the Court : Heard learned counsel for the parties. Learned counsel for the appellant submitted that the appellant does not wish to press this appeal on merits and would be satisfied if some reasonable time may be allowed for vacating the disputed premises. Learned counsel appearing on behalf of respondent submits that his client would not execute the decree upto 31.03.2011. In the facts and circumstances, therefore, it is hereby ordered that the decree shall not be executed by the respondent against the appellant upto 31.03.2011 on the condition that the appellant submits an undertaking that he would handover vacant and peaceful possession of the disputed premises on or before 31.03.2011 to the respondent-decree holder. The said undertaking be submitted before the trial court within a period of two weeks **2** from today. The appellant would further ensure at the time of submission of undertaking that all the arrears of rent upto 31.01.2010 have been paid/deposited and would further submit proof of payment/deposit of the rent. The appellant shall also ensure that during the period upto 31.03.2011, the rent is paid month by month by the 15th of next succeeding month. It is hereby made clear that in case the appellant fails to comply with any of the aforesaid conditions within the time allowed, it would be open for the respondent-decree holder to execute the decree forthwith. The undertaking shall also contain stipulation that the appellant shall not sublet, assign or part with the possession of the premises in dispute during the said period upto 31.03.2011 and would not create any third party interest therein. Accordingly, this appeal is disposed of subject to the above conditions. In view of the aforesaid, the stay application does not survive and the same is also disposed of. (Dalip Singh), J. Ashok/