VINOD KUMAR Vs. TARACHAND RAJKUMAR LUNAWAT

JUDGEMENT

(1.) The matter has come up on an application I.A. No. 13961 of 2018 filed by the appellant seeking withdrawal of the present appeal.

(2.) The facts, in brief, are that plaintiff/respondents filed a civil suit for eviction and possession of the shop in question along with recovery of due rent. Learned Additional District and Sessions Judge(Fast Track) No. 2, Beawar vide impugned judgment and decree dated 10.02.2009, partly allowed the suit for recovery of rent of Rs. 600/- with mesne profits @ Rs. 200/- per month from the date of filing of the suit i.e. 24.08.2005 till the date of judgment holding the plaintiff entitled for eviction of the defendants from the disputed shop.

(3.) Against the said judgment and decree dated 10.02.2009, the present first appeal has been filed by the defendant. On 06.04.2009 this Court while admitting the appeal and issuing notices to the respondents, passed an interim order to the effect that appellant shall not be evicted from the property in dispute, provided he deposits all the arrears of rent within a period of three weeks and further continues to pay the monthly mesne profit as per the direction of the trial Court.