-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Second Appeal No.160 of 2010 M/s. Singhal Brothers – a Partnership Firm, Nasirabad & Others VERSUS Jagdish Prasad Airun son of Shri Tara Chand Airun Date of Order :::: April 7th 2010 Hon'ble Mr. Justice Dalip Singh Shri Amod Kasliwal, Counsel for the defendant-appellants Shri Rahul Agarwal and Mr. V. Garg, Counsel for the plaintiff-respondent *** By the Court : Learned counsel for the appellants submitted that the appellants do not wish to press this appeal on merits and would be satisfied if some reasonable time may be allowed for vacating the disputed premises. Learned counsel appearing on behalf of respondent submits that his client would not execute the decree upto 30.04.2011. In the facts and circumstances, therefore, it is hereby ordered that the decree shall not be executed by the respondent against the appellants upto 30.04.2011 on the condition that the appellants submit an undertaking that they would handover vacant and peaceful possession of the disputed premises on or before 30.04.2011 to the respondent-decree holder. The said undertaking be submitted before the trial Court within a period of two weeks from today. The appellants would further ensure at the time of submission ofundertaking that all the arrears of rent upto 31.03.2010 have been paid/deposited and would further submit proof of payment/deposit of the rent. -2- The appellants shall also ensure that during the period upto 30.04.2011 the rent is paid month by month by the 15th of next succeeding month. It is hereby made clear that in case the appellants fail 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 appellants shall not sublet, assign or part with the possession of the premises in dispute during the said period upto 30.04.2011 and would not create any third party interest therein. Accordingly, this appeal is disposed of subject to the above conditions. In view of the aforesaid, the stay application does not survive and the same is also disposed of. (Dalip Singh), J. Ashok/