CSA 358/08 Jhankar Mal Agarwal Vs. Radheyshyam Agarwal 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.358/2008 Jhankar Mal Agarwal Vs. Radheyshyam Agarwal through LRs. Date of Judgment :: 19th August, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Shailesh Prakash Sharma, for appellant. Mr. R.P. Vijay, for respondents. ....... By the Court :- This is defendants' second appeal against the concurrent judgment and decree of eviction. 2. Learned counsel for the appellant does not press this appeal on merits and only seeks reasonable time for handing over the vacant possession of the suit shop to the respondent-landlords. 3. During the course of arguments, counsel for the respondent-landlords has agreed for granting time to the appellant-defendant upto 31/3/2011. 4. Having considered the rival submissions made at the bar and keeping in view that appellant has not pressed this appeal on merits and only sought time to vacate the suit shop, therefore, with consent of learned counsel for the parties this appeal along with the stay application is dismissed with the CSA 358/08 Jhankar Mal Agarwal Vs. Radheyshyam Agarwal through LRs. (2) order as follows :- (i) The appellant shall hand over the vacant possession of the suit shop to the respondent-landlords on or before 31/3/2011; (ii) The appellant shall continue to pay/deposit the monthly amount to the respondent-plaintiff-landlords for the use and occupation by 15th of every month till vacant possession is handed over and shall further pay the arrears, if any, within one month and three defaults in making the payment of the monthly amount shall make the respondent-plaintiff-landlords entitle to get the suit shop vacated. (iii) The appellant shall not create any third party interest in the suit shop; (iv) The appellant 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 appellant fails 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. D55