1. Present Second Appeal under Section 100 of the Civil Procedure Code has been preferred by the appellant original defendant challenging the impugned judgment and order dated 26.02.2010 passed by the learned Additional District Judge (Fast Track Court No.2), Bhuj, Kachch dismissing the Civil Regular Appeal No.39/2008 and confirming the judgment and decree dated 31.03.2008 passed by the learned trial Court in Regular Civil Suit No.7/2005 in passing eviction decree of possession.
2. Today, when the Appeal is taken up for hearing, Shri Anjaria, learned advocate appearing on behalf of the appellant, under the instructions, has requested to grant reasonable time upto 30th September 2011 to the appellant to vacate the suit premises on usual undertaking and he does not press the present Second Appeal on merits. Shri Suresh M. Shah, learned advocate appearing on behalf of the respondent has agreed to the aforesaid granting of one year's time to the appellant on usual undertaking and in the meantime on payment of means profit, every month due and payable.
3. In view of the above, present Second Appeal is dismissed as not pressed. However, considering the request made by Shri Anjaria, learned advocate appearing on behalf of the appellant, appellant is hereby granted time upto 30th September 2011 to vacate the suit premises on filing usual undertaking within a period of three weeks from today that he and his family members are in exclusive use and possession of the disputed suit property in question and that they will handover peaceful and vacant possession of the suit property to the respondent original plaintiff on or before 30th September 2011, on further condition that whatever the arrears is there, the same shall be cleared by the appellant within a period of four weeks from today and the appellant shall pay the means profit at the rate of Rs.300 per month till the appellant vacates the suit premises as stated herein above between 1st and 10th of every month.
4. With this, present Second Appeal is dismissed as not present.
In view of dismissal of Second Appeal as not pressed, no order in Civil Application.
(M.R.
Shah, J.) *menon Top