AKHILESH KUMAR DUSAD Vs. KAMLA DEVI

JUDGEMENT

(1.) The learned counsel Mr. B.L. Agrawal for the appellant has submitted an undertaking filed by the appellant Shri Akhilesh Kumar to the effect that the appellant shall handover the peaceful and vacant possession of the disputed shop on or before 31.12.2015 to the respondent Nos. 1/1 to 1/8 and that he will not create any third party interest in the suit property and also deposit the monthly rent in the bank account of the respondents regularly upto 31.12.2015. Mr. Agrawal has submitted that in view of the said undertaking the appropriate orders be passed in the appeal.

(2.) The learned counsel Mr. J.K. Singhi for the respondent Nos. 1/1 to 1/8 has no objection if the appeal is disposed of in view of the undertaking given by the appellants.

(3.) The present appeal has been filed challenging the judgment and decree dated 2.4.99 passed by the Addl. District Judge No.1, Jaipur City, Jaipur in Civil Suit No. 39/96, whereby the trial court had decreed the suit for eviction of the original plaintiff i.e. the deceased respondent No.1. Now the parties have settled their disputes outside the court and the appellant has submitted the undertaking to vacate the premises on or before 31.12.2015 as mentioned in the undertaking. The said undertaking is taken on record. In view of the said undertaking filed by the appellant No.1, the judgment and decree passed by the trial court is confirmed, however the appellant is granted time to vacate the disputed shop till 31.12.2015. As already undertaken by the appellant, the appellant shall not create any third party interest in the suit property and deposit/pay the monthly rent payable upto 31.12.2015. It is clarified that if the appellant makes default consecutively for two months in depositing the monthly rent, the respondents shall be at liberty to execute the decree.