The High Court dismissed the second appeal upon withdrawal by the appellants, granting them time to vacate the suit premises by 30th June 2019 attached with strict conditions.
Appellants granted time to vacate premises by 30th June 2019 subject to affidavit undertaking.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Civil Second Appeal No. 88 / 2016
Both are resident of Nathusar Bas, Bikaner.
----Appellants/Defendants
Versus
All Residents of Inside Nathusar Gate, Bikaner.
----Respondents/Defendants
(2 of 3)
[CSA-88/2016]
For Appellant(s) : Mr. Shreekant Verma. Mr. Pritam Joshi.
For Respondent(s) : Mr. Sajjan Singh. Mr. Prashant Tatia.
JUSTICE DINESH MEHTA
Judgment / Order
18/05/2018
Mr. Shreekant Verma, learned counsel for the appellants/defendants, after arguing for some time, seeks permission to withdraw the present appeal but, prayed for grant of some time to vacate the subject premises.
Mr. Sajjan Singh, learned counsel for the respondents/plaintiffs has no objection, if some reasonable time is granted to vacate the demised premises.
In view of the above, the present second appeal stands dismissed as withdrawn; however, the appellants-defendants are granted time to vacate the suit premises by 30th June, 2019, on the following conditions:-
(i) The appellants shall personally submit an undertaking supported by affidavit before the Trial Court, within three weeks from today to the effect that on or before 30th June, 2019, they shall hand over peaceful and vacant possession of the suit premises to the plaintiffsrespondents. They shall also undertake not to cause any damage to the suit premises nor to make any alteration and not to assign, sublet or in any manner part with possession to any other person and not to put
(3 of 3)
[CSA-88/2016]
the premises to any use other than the present use and not to cause any nuisance.
It is made clear that upon the appellants’ failure to comply with the condition aforesaid or violating any terms of the undertaking, the plaintiffs-respondents shall be entitled to execute the decree forthwith, besides initiating proceedings for Contempt of Court, in accordance with law.
The appeal stands dismissed as withdrawn with the indulgence aforesaid.
No order as to costs.
(DINESH MEHTA), J.
/Mohan/S-122
Badri Das S/o late Panna Lal
Ganpat Lal S/o Late Panna Lal
Shree Ram Mali
Chhoti Devi W/o Dhanna Ram D/o Panna Lal Mali
Ramrakhi W/o Radhey Shyam
Gokul Chand S/o Late Meena Ram
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
