(1.) THE defendant-appellant has filed this second appeal aggrieved by the judgment and decree of eviction suit by the first appellate court of Additional District Judge, Nimbahera in Civil Appeal No.28/2009 � Jamil Khan vs. LRs of Bharat Kumar dated 20.07.2012 affirming the judgment and decree of trial court of learned Civil Judge (Sr. Division), Nimbahera decreeing the eviction suit No.127/05 (57/99) � Bharat Kumar & ors. vs. Jamil Khan on 28.10.2009 in respect of suit premises � a residential house situated at outside Ranikheda Darwaja, Nimbahera.
(2.) THIS appeal is dismissed as not pressed in view of undertaking of defendant-appellant to hand over the peaceful & vacant possession of the suit premises to the plaintiff on or before 31.12.2013 with conditions given herein below.