1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ::: JUDGMENT Kani Ram @ Kali Ram vs. Maha Ratan Raj S.B.CIVIL SECOND APPEAL NO.314/2007 UNDER SECTION 100 CPC AGAINST THE JUDGMENT AND DECREE DATED 2.6.2007 PASSED BY SHRI OM PRAKASH GUPTA, RJHS, LEARNED ADDL. DISTRICT JUDGE NO.1, JODHPUR IN CIVIL APPEAL (DECREE) NO.80/2004 . DATE OF JUDGMENT ::: 17.1.2008 PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr. MC Bhoot, for the appellant. Mr. MR Singhvi, for the respondent. <><><> BY THE COURT: Learned counsel for the appellant prayed that appellant may be given time upto June, 2009 for vacating the suit premises and appellant is not pressing the appeal. The appeal of the appellant is dismissed as not pressed. However, the decree under challenge shall not be executed upto 30th June, 2009 in case, the appellant 2 furnishes a written undertaking before the trial court within a period of two month from today that he shall hand over the vacant possession to the landlord and shall not part with the possession or sublet the suit premises during this period and shall pay all the arrears of rent and decreetal amount, if due, within a period of two months from today before the trial court or directly to the landlord, the decree under challenge shall not be executed till 1.7.2009. The appellant shall also deposit the rent month by month by 15th day of each succeeding month of his tenancy in the trial court. In case of non-compliance of the order or default in payment of rent mentioned above, the decree shall become executable forthwith. (PRAKASH TATIA), J. c.p.goyal/-