Narendra Kumar Jain, J. - (1.) LEARNED Counsel for Appellants does not press the second appeal on merits and prays for grant of time up to 31.10.2012 to hand over vacant and peaceful possession of the rented premise to Plaintiff -Respondent.
(2.) LEARNED Counsel for Respondent has no objection in it. Both the parties have agreed to the following terms and conditions: (i) Defendants -Appellants undertake to hand over vacant and peaceful possession of the rented premise in dispute to Plaintiff -Respondent on or before 31.10.2012. Respondent shall not execute the impugned decree of eviction till 31.10.2012. (ii) Appellants undertake to pay or deposit the arrears of rent, if any, within a period of two months from today and will continue to pay or deposit future mesne profit by 15th day of each succeeding month or in advance to Respondent till the actual date of delivery of possession of the rented premise. (iii) Appellants further undertake that they will not sub -let, assign or part with the possession of the rented premise or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period. (iv) Appellants shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court or before this Court within a period of one month from today with an advance copy to the Respondent or his Counsel. (v) If Appellants do not comply with any of the above terms and conditions and/or fail to make the payment of arrears of rent/ mesne profit within two months or future mesne profit/rent for consecutive three months, then it will be open for Respondent to get the decree of eviction passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court.
(3.) WITH the aforesaid terms, conditions and directions, second appeal as well as application under Order 41 Rule 27 CPC, both are dismissed as not pressed. ORDER Since the main appeal itself has been dismissed, therefore, this stay application does not survive and the same also stands dismissed.;