1 S.B.CIVIL SECOND APPEAL NO.37/2009. Sohan Lal. VERSUS Nand Lal Nagar. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL SECOND APPEAL NO.37/2009. Sohan Lal. VERSUS Nand Lal Nagar. 01.05.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.R.P.Vijay, for the appellant. Mr.Rinesh Gupta, for the respondent. ----- Heard learned counsel for the parties. Learned counsel for the appellant submitted that appellant does 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 30.06.2010. In the facts and circumstances, therefore, it is hereby ordered that the decree shall not be executed by the respondent against the appellant upto 30.06.2010 on the condition that the appellant submits an undertaking that he would handover vacant and peaceful possession of the disputed premises on or before 30.06.2010 to the respondent-decree holder. The said undertaking be submitted before the trial court within a period of four weeks from today. The appellant would further ensure at the time of submission of undertaking that all the arrears of rent upto 30.04.2009 have been paid/deposited and would further submit proof of payment/deposit of the rent. The appellant shall also ensure that 2 S.B.CIVIL SECOND APPEAL NO.37/2009. Sohan Lal. VERSUS Nand Lal Nagar. during the period upto 30.06.2010, the rent is paid month by month by the 15th of next succeeding month. It is hereby made clear that in case the 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 30.06.2010 and would not create any third party interest therein. Accordingly, this appeal as well as the stay application stand disposed of subject to the above conditions. (DALIP SINGH),J. Solanki DS, Jr.P.A.