Rajasthan High Court - Jaipur
Ashok Kumar And Others vs Madho Prasad on 6 December, 2012
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH O R D E R S.B.CIVIL SECOND APPEAL NO.527/2012 Ashok Kumar & Ors. vs. Madho Prasad DATE OF ORDER ::::: 06.12.2012 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. Yash Sharma for the defendant-appellant. Mr. JP Goyal, Sr. Advocate assisted by Ms. Priyanka Singh for the plaintiff respondent.
Heard learned counsel for the parties.
Under the instructions of defendant appellant, counsel for the defendant-appellant submits that he does not press this appeal on merits and the defendant appellant may be given two and half years' time to vacate the premises.
Counsel for the plaintiff respondent ultimately agreed for two and half years' time provided the defendant appellant furnishes undertaking before the trial court within a period of one month from the date of receipt of a certified copy of this order to the effect that he shall handover vacant possession of the disputed premises to the plaintiff-respondent till 5th June, 2015 and further will not create third party rights subject to regular payment of monthly rent to be deposited in the Bank account of the respondent the numbers of which shall be furnished by him within 15 days. In case of default in payment rent of three continuous months, the plaintiff-respondent shall be entitled to execute the decree.
In view of the above, the appeal stands dismissed.
(PREM SHANKER ASOPA)J. bairwa all corrections made in the judgment/order have been incorporated in the judgment/order being emailed Kailash Chandra Bairwa Sr.P.A