1. The present Civil Revision Application under section 115 of the Code of Civil Procedure has been preferred by the petitioners herein - original defendant Nos.1 to 5 to quash and set aside the impugned order dated 13/12/2011 passed by learned Small Causes Court, Ahmedabad in P.S.R.P. No.12 of 2005, by which, learned Small Causes Court at Ahmedabad has allowed the said application preferred by the respondents herein - original owners and has directed the petitioners herein - original opponent Nos.1 to 5 to hand over peaceful and vacant possession of the suit property to the original applicant-trust.
2. After the matter was argued for sometime, Mr.Mehul Shah, learned advocate appearing on behalf of the petitioners herein, under the instructions from the petitioners, does not press the present civil revision application. However, he has requested to grant some reasonable time to the petitioners herein to vacate the suit premises on usual terms and on filing usual Undertaking that they are in exclusive possession of the suit property and except them no other person is in possession of the suit property and they shall hand over peaceful and vacant possession of the suit property to the original applicants within stipulated time, which may be granted by this Court and during that they shall not transfer and alienate the suit property to any other person. Mr.Mehul Shah, learned advocate appearing on behalf of the petitioners has stated at the bar that such an Undertaking shall be filed by the petitioners within a period of 10 days from today.
3. Mr.Manish Kaushik, learned advocate appearing on behalf of the contesting respondents has stated at the bar that he has no objection if some reasonable time is granted to the petitioners herein to vacate the suit property and to hand over peaceful and vacant possession of the suit property to the original applicants on filing usual Undertaking.
4. In view of the above, the present Civil Revision Application is dismissed as withdrawn. However, in the facts and circumstances of the case and considering the request made by Mr.Mehul Shah, learned advocate appearing on behalf of the petitioners herein, as recorded hereinabove, time to vacate the suit premises to the petitioners is granted upto 30/07/2013 on filing usual Undertaking before this Court with a copy to the learned advocate appearing on behalf of the petitioners to the effect that :
(i) they are in exclusive possession of the suit premises and except them nobody is in possession of the suit property;
(ii) they shall hand over peaceful and vacant possession of the suit property to the original applicants - respondents herein on or before 30/07/2013;
(iii) in the meantime they shall not part with the possession of the suit property to any other person;
(iv) such an Undertaking shall be affirmed by all the petitioners herein.
Such an Undertaking shall be filed by the petitioners herein within a period of 10 days from today. If such an Undertaking is filed by the petitioners herein within a period of 10 days from today, time to vacate suit premises to the petitioners herein is granted upto 30/07/2013 and consequently the petitioners herein are directed to hand over peaceful and vacant possession of the suit premises to the original applicants- respondents herein on or before 30/07/2013 without fail. If such an Undertaking is not filed within a period of 10 days from today, it will be open for the original applicants to execute the judgement and decree passed by learned Small Causes Court at Ahmedabad in P.S.R.P. No.12 of 2005.
With this, the present Civil Revision Application is dismissed as withdrawn. No costs.
[M.R.SHAH,J] *dipti Top