Jyotirmay Bhattacharya, J. - (1.) THIS first appeal is directed against the judgment and decree dated 13th May, 2014 passed by the learned Civil Judge (Senior Division), Katwa, District - Burdwan in Title Suit No. 51 of 2009 at the instance of the defendants/appellants.
(2.) THE eviction suit filed by the plaintiffs was decreed on contest against the defendant No. 4 and ex -parte against the rest of the defendants with costs. The defendants were declared as trespassers in the suit premises with effect from 1st June, 2009 and thus they became liable to be evicted from the suit premises. The defendants were directed to quit and vacate the tenanted suit premises within two months from the date of the judgment and hand over quite and peaceful vacant possession of the suit premises to the plaintiffs. The plaintiffs got a decree for damages for unlawful use and occupation of the suit premises by the defendants as trespassers with effect from 1st day of June, 2009 at the rate of Rs. 15000/ - per month till the delivery of possession on payment of proper court fees in a subsequent proceeding. Challenging the said judgment and decree passed by the learned Trial Judge, the instant first appeal was filed by the defendants. In course of hearing of this appeal, the learned advocate appearing for the defendants/appellants submits that her clients want to vacate the suit premises, if some time is granted to them for vacating the suit premises.
(3.) PARTIES have come to a consensus. The terms and conditions for vacating the suit premises by 31st December, 2015 and/or for paying the occupational charges by them for enjoying the suit premises till 31st December, 2015 are recorded in the undertaking submitted by the appellant No. 3. The appellant No. 3 submitted such undertaking for himself as well as on behalf of the other appellants who authorised the said appellant No. 3 to submit such undertaking on their behalf.;