1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Second Appeal No.247 of 2002. Prabhudayal son of Shri Ghasi Ram Kumawat VERSUS Smt. Kalyani Devi wife of Shri Radhey Shyam Chohan Date of Judgment :::: 27th January, 2010. Hon'ble Mr. Justice Dalip Singh Mr. B.L. Mandhana, Counsel for the Defendant-appellant Mr. R.K. Agarwal, Counsel for the Plaintiff-respondent *** By the Court : Heard learned counsel for the parties. An application bearing No.1127 dated 13.01.2010 has been filed duly signed by the counsel for the appellant stating therein that the parties have arrived at a compromise and the defendant-appellant does not wish to pursue the appeal on merits and seeks leave of the Court to withdraw the same. In the facts and circumstances, the appeal is dismissed as withdrawn. However, as agreed by both the learned counsel, one month's time with effect from 13.01.2010 up-to 12.02.2010 has been allowed by the decree-holder plaintiff-respondent to 2 the defendant-appellant tenant to vacate the premises. In case, the defendant fails to vacate the premises, as undertaken by him the plaintiff-respondent shall be free to obtain possession by executing the decree. The said application is allowed on the joint prayer made by the learned counsel for the parties. The parties are also present in-person before this Court and have been identified by their respective Counsel. The application stands allowed. In view of the aforesaid, the appeal and the stay application stand disposed of accordingly. (Dalip Singh), J. Ashok/