- (1.) THE present First Appeal under Section 96 of Civil Procedure Code has been filed by the appellant � defendants against the judgment and decree dated 20.12.2003 passed by learned lower appellate court of Additional Distric Judge (Fast Track) No.2, Sirohi in Civil Original Suit No.146/2003 (31/2003) � Kamla Devi vs. Manshi and others for declaration and possession of the suit property in question situated at Menwada Basti, Swaroop Nagar, district Sirohi.
(2.) THIS appeal is dismissed as not pressed on merits in view of undertaking of defendant-appellants to hand over the peaceful & vacant possession of the suit premises to the plaintiff on or before 31.07.2013 with conditions given herein below. Both the parties agree for disposal of this first appeal on the following terms and conditions:- (i) The appellants undertake to hand- over the vacant and peaceful possession of the suit premises, in dispute to the respondents on or before 31.07.2013. The respondents shall not execute the impugned decree till 01.08.2013. (ii) The appellants undertake to pay or deposit the mesne profit at the rate of Rs.500/- per month w.e.f. August, 2012 as already fixed by a co- ordinate Bench of this Court on 09.01.2007 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondent-plaintiff. (iii) The appellants further undertake that they shall not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period. (iv) The appellants shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court by 15th August, 2012 and one copy thereof along with affidavit in this Court. (v) Learned counsel for respondent- plaintiff will give the details of his bank account number in which the arrears of rent or mesne profit, if any, will be deposited, within the period of four weeks from today. It is made clear that in case, the appellant- defendants do not comply with any of the aforesaid conditions, then it will be open for the respondent-plaintiff to get the decree passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. With the aforesaid terms, conditions and directions, the appeal is accordingly disposed of. No costs.;