CSA 345/09 Sudhindramohan & another Vs. Late Smt. Bhanwari Devi through LRs. (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.345/2009 Sudhindramohan Agrawal and another Vs. Late Smt. Bhanwari Devi through LRs. Date of Judgment :: 17th August, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Anil Kumar Sharma, for appellants. Mr. S.K. Budania on behalf of Mr. M.M. Ranjan, for respondents. ....... By the Court :- This is second appeal by the appellant- defendants against the concurrent judgment and decree of eviction. 2. Learned counsel for the appellants does not press this appeal on merits and prays for reasonable time for handing over the vacant possession of the suit premises to the respondent-landlords. 3. During the course of arguments, counsel for the respondent-landlords has agreed for granting time to the appellant-defendants upto 31/12/2010. CSA 345/09 Sudhindramohan & another Vs. Late Smt. Bhanwari Devi through LRs. (2) 4. With consent of learned counsel for the parties, this appeal along with stay application is dismissed with the order as follows :- (i) The appellants shall hand over the vacant possession of the suit premises to the plaintiff-respondent-landlords on or before 31/12/2010; (ii) The appellants shall pay/deposit Rs.743.75 to the plaintiff-respondent-landlords for the use and occupation by 15th of every month till vacant possession of the suit premises is handed over to respondent-landlords. (iii) The appellants shall not create any third party interest in the suit premises; (iv) The appellants shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of one month. 5. In case the appellants fail to comply with any of the above term and condition, the plaintiff-respondent- landlords would have a right to execute the decree. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. S3