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TRILOK NATH & ANR. versus RAM SWAROOP

High Court of Rajasthan

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TRILOK NATH & ANR. v RAM SWAROOP - CSA Case No. 72 of 2007 [2007] RD-RJ 2661 (14 May 2007)

S.B.CIVIL SECOND APPEAL NO.72/2007

Trilok Nath & Anr. Vs. Ramswaroop.

DATE OF ORDER ::: 25.5.2007

PRESENT

HON'BLE MR. PRAKASH TATIA, J.

Mr.R Arora, for the appellants.

Mr.R Bhansali, for the respondent.

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Heard learned counsel for the parties.

Both the parties submitted that inadvertently, the last para of the order has not been transcribed in the judgment dated 14.5.2007 by which the appellant was granted time to vacate the suit premises upto 31.10.2008.

In view of the above, it is ordered that the impugned decree passed in Civil Original Suit

No.44/1992 which was upheld by the appellate court in

Civil Appeal No.55/2004 shall not be executed till 1.11.2008, in case, the appellants furnish a written undertaking before the trial court within a period of two months from today that they shall hand over the vacant possession to the landlord by or before 31.10.2008 and shall not part with the possession or sublet the suit premises during this period and shall pay all the arrears of rent and decreetal amount, if due, and shall also pay the rent upto 31.10.2008 in advance within a period of two months from today before the trial court or directly to the landlord.

In case of non-compliance of the order or default in payment of amount mentioned above, the decree shall become executable forthwith.

With the aforesaid concession, this appeal is dismissed.

(PRAKASH TATIA), J.

S.Phophaliya


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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