Rajasthan High Court - Jaipur
Narendra Singh Naruka vs Mali Ram Kothari And Another on 28 February, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT S.B. CIVIL SECOND APPEAL NO.50/2011 NARENDRA SINGH NARUKA Vs. MALI RAM KOTHARI(SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES & ORS. DATE: 28.02.2011 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. J..P. Goyal, Sr. Counsel with Ms. Shikha Parnami, for the appellant. Mr. O.P. Mishra, for the respondents.
**** Learned counsel for appellant, on instruction of appellant Narendra Singh Naruka, who is present in person in the Court, does not press the appeal on merits and prays for grant of fifteen months' time to hand over vacant and peaceful possession of the rented premise to the plaintiffs/respondents.
2. Learned counsel for respondents submitted that he has instructions from the respondents for not opposing the prayer of appellant for grant of time.
3. Both the parties have agreed to the following terms and conditions:-
(i) Appellant undertakes to hand over vacant and peaceful possession of the rented premise in dispute to the plaintiffs/respondents on or before 28.05.2012. The respondents shall not execute the impugned decree of eviction till 28.05.2012.
(ii) Appellant undertakes to pay or deposit the arrears of rent, if any, within a period of two months from today and will continue to pay or deposit future mesne profit by 15th day of each succeeding month or in advance to the respondents till the actual date of delivery of the possession of the rented premise.
(iii) Appellant further undertakes that he will not sub-let, assign or part with the possession of the rented premise or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period.
(iv) Appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court or before this Court within a period of one month from today with an advance copy to the learned counsel for the respondents.
(v) If the appellant does not comply with any of the terms and conditions and/or fails to make the payment of arrears of rent/ mesne profit within two months or future mesne profit/rent for consecutive three months, then it will be open for the respondents to get the decree of eviction passed in their favour executed even before the aforesaid date and to initiate contempt proceedings in this Court.
4. With the aforesaid terms and conditions and directions, the second appeal is dismissed as not pressed.
(NARENDRA KUMAR JAIN),J.
/KKC/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER S.B. CIVIL MISC. STAY APPLICATION NO.164/2011 IN S.B. CIVIL SECOND APPEAL NO.50/2011 NARENDRA SINGH NARUKA Vs. MALI RAM KOTHARI(SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES & ORS.
DATE: 28.02.2011 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. J..P. Goyal, Sr. Counsel with Ms. Shikha Parnami, for the appellant. Mr. O.P. Mishra, for the respondents.
**** Since the main appeal itself has been dismissed, therefore, this stay application does not survive and the same also stands dismissed.
(NARENDRA KUMAR JAIN),J.
/KKC