CSA 812/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CIVIL SECOND APPEAL NO.812/07 Bidha Ram Versus Ram swaroop & Ors. DATE OF ORDER : 30/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Praveen Mandhana for Mr. B.L. Mandhana, for appellant Mr. R.K. Daga, for respondents *** Heard counsel for parties. Counsel for appellant submits that he does not want to press this appeal on merits and would be satisfied that if some reasonable time may be allowed for vacating the disputed premises. Counsel appearing for respondents submits that his client would not execute the decree upto 31st March, 2009. In the facts and circumstances, therefore, it is ordered that the decree shall not be executed by the respondent-plaintiffs against the appellant upto 31.03.2009 on the condition that the appellant submits an undertaking that he would handover vacant and peaceful possession of the disputed premises on or before 31st March, 2009 to the respondent-decree holder. The said undertaking be submitted before the trial court within a period of four weeks from today. CSA 812/07 [2] The appellant would further ensure at the time of submission of undertaking that all the arrears of rent upto 31st January, 2008 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 31st March, 2009, the rent is paid month by month on or before 15th of next succeeding month. It is hereby made clear that in case 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 31st March, 2009 and would not create any third party interest during intervening period. Accordingly, the appeal with the above directions stands disposed of. [AJAY RASTOGI], J. FRBOHRA,JR.P.A.812CSA2007 30-1.doc