DEEN DAYAL Vs. KIRAN

JUDGEMENT

(1.) THIS appeal is disposed of as not pressed in view of undertaking of defendant-tenant to hand over the peaceful & vacant possession of the suit shop, situated at Railway Station, Phalodi, District Jodhpur to the plaintiff-respondent on or before 18/07/2013 with conditions given below.

(2.) THE learned lower appellate court below (Additional District Judge, Phalodi, District Jodhpur) vide the judgment and decree dated 12.07.2011 dismissed the appeal being Civil Appeal No.06/2008- Deen Dayal Vs. Smt. Kiran, preferred by the appellant-defendant and affirmed the judgment and decree dated 04.07.2008 passed by learned Civil Judge (Sr. Division), Phalodi in Civil Original Suit No.29/2005 ­ Smt. Kiran Vs. Deen Dayal), whereby the learned trial court while allowing the suit filed by the plaintiff-respondent, has ordered for eviction of the defendant-appellant from the suit shop in question. 2. Both the parties agree to dispose of this second appeal on the following terms and conditions:-

(3.) IT is made clear that in case, the appellant-tenant do not comply with any of the aforesaid conditions, then it will be open for the respondent-landlord to get the decree passed in her favour executed even before the aforesaid date and she may also initiate contempt proceedings in this Court.