Govind Mathur, J. - (1.) THIS petition for writ is preferred to challenge the order dated 30.8.2010 passed by the Rent Tribunal, Jodhpur in Execution Petition No. 24/2010.
(2.) BRIEFLY stated, facts of the case are that Respondent Shokat Ali preferred an eviction petition against the Petitioner before the Rent Tribunal, Jodhpur. The eviction petition came to be accepted on 25.2.2009. An appeal giving challenge to the judgment dated 25.2.2009 passed by the Rent Tribunal, Jodhpur came to be dismissed for want of prosecution on 15.3.2010. Subsequent thereto an application for restoration of the appeal was filed on 9.7.2010 and the appeal came to be restored. However, prior to that on 27.3.2010 the Rent Tribunal, Jodhpur appointed Shri Rajkumar Yadav as Commissioner for recovery of possession of the rented premises with the assistance of police. Challenge to the same is given on various grounds. However, during the course or arguments counsel for the Petitioner submits that he has already withdrawn the appeal preferred to challenge the order dated 25.2.2009 on 5.10.2010 with assertion that he want a year's time to get the premises vacated. A certified copy of the order passed by the Rent Appellate Tribunal permitting the Petitioner to withdraw the appeal is also placed on record. From perusal of the order aforesaid it is apparent that the Petitioner in presence of the Respondent landlord submitted before the Appellate court that he want to withdraw the appeal to get some reasonable time i.e. of one year to vacate the rented premises.
(3.) COUNSEL for the Petitioner in view of the factual position above submits that he may be permitted to withdraw this petition for writ by granting a year's time to vacate the rented premises and to hand -over vacant possession of that premises to the Respondent.;