1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL SECOND APPEAL No. 345 of 2007 BAJRANG SINGH V/S SMT.RAMSHRI DEVI Mr. GIRISH SANKHLA, for the appellant / petitioner Mr. JR PATEL, for the respondent Date of Order : 21.8.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties, perused the impugned order. In my view, it cannot be said that the learned lower appellate Court was in error in dismissing the petitioner's application filed under Section 5, Limitation Act, and dismissing the appeal as time barred. At the request of learned counsel for the parties, I perused the judgment of the learned trial Court also, and it was pointed out that the suit was decided also on the basis of default and evidence has been struck off. Be that as it may. In my view, the appeal does not involve any substantial question of law. The same is, therefore, dismissed summarily. However, at the request of the learned counsel for the appellant, the appellant is given one year's time to vacate the suit premises on the condition that the defendant gives an undertaking before 2 the learned trial court within one month from today that on or before the expiry of the above period, he will peacefully hand over the vacant possession of the suit premises to the plaintiff and that during this period, he will not, in any manner, transfer the possession of the suit premises to anybody. Likewise, the entire decreetal amount, so also all arrears of rent, if any, shall be deposited by the appellant in the trial court within one month from today and shall further continue to deposit amount equal to the monthly rent by way of damages for use and occupation by 15th of each succeeding month, till the actual delivery of possession. In case the appellant fails to comply with any of the above conditions, the respondent will become automatically entitled to execute the decree forthwith. ( N P GUPTA ),J. /tarun/