JITENDRA PATEL Vs. ASHA HADA & ORS

JUDGEMENT

(1.) This civil second appeal has been preferred by appellant-defendant Jitendra Patel being aggrieved by the judgment and decree dated 16.01.2010 passed by learned Additional District Judge, Abu Road, District Sirohi in Civil First Appeal No.11/2008, whereby the learned first appellate court dismissed the appeal filed by the appellant-defendant and affirmed the judgment and decree dated 02.02.2008 passed by learned Civil Judge (Junior Division), Abu Road in Civil Original Suit No.73/2004, whereby the learned trial court decreed the suit filed by respondent-plaintiff for eviction and recovery of rent and mesne profits.

(2.) The learned counsel for the appellant-defendant does not want to press this appeal and he simply prayed to grant some time for vacating the suit premises on reasonable terms and conditions. The learned counsel submitted that one year's time may be granted to vacate the suit premises because the appellant-defendant will have to search for another permises.

(3.) Per contra, the learned counsel for the respondentplaintiff submitted that after making the statement by the learned counsel for the appellant-defendant on 02.02.2011, a period of one year has already passed, therefore, one year's period as prayed for by learned counsel for the appellant is excessive.