Honble SHETHNA, J.–A request was made today in the morning to adjourn the matter which was not granted by us. Then, this matter was called at 11.10 a.m. but, no one was present on behalf of the petitioner. (2). We take serious note of this matter. Before filing this petition, the petitioner came to this Court by way of second appeal and lost. However, learned single Judge of this Court (Honble Mr. R.R. Yadav, J.) while dismissing the Second Appeal, simply on humanitarian ground allowed the petitioner-tenant to remain in possession of the premises for a period of 18 months from the date of his order i.e. 06.03.97 on the condition that the undertaking will be filed before the trial Court within one month from the date of the order to the effect that he will deposit the entire decree- tal amount within one month from the date of the order and continue to deposit monthly rent every month. He was also directed to execute a soleman undertaking before the trial Court to the affect that after remaining in possession for a period of 18 months from the date of the order, he would hand over the peaceful vacant possession of the disputed premises to his land lord. Accordingly, undertaking was filed and he enjoyed the possession for almost 18 more months, though he lost in Second Appeal. This petition is filed by him before this Court at the last minute when the period of 18 months is going to expire on 6th September, 1998 within a very short times. (3). After filing the undertaking and availing the time of almost 18 months it does not lie good in the mouth of the petitioner to say that his possession should be protected and he should be allowed to remain in possession of the shop in question till his petition is decided. Not complying the undertaking is nothing but contempt. It is also an abuse of process of law. Apart from the fact that such a petition is not maintainable, it is also frivolous. Such tendency must be checked by imposing heavy costs on the petitioner, so that in future other persons before filing the petition may think twice. (4). Under the circumstances this petition is dismissed with a special cost of Rs. 5,000/-. Apart from the fact that such a petition is not maintainable, it is also frivolous. Such tendency must be checked by imposing heavy costs on the petitioner, so that in future other persons before filing the petition may think twice. (4). Under the circumstances this petition is dismissed with a special cost of Rs. 5,000/-. The petitioner shall deposit the same before the Registrar of this High Court at Jodhpur within three months from today. On depositing the said amount, the same shall be used for the legal aid purpose. (5). Before parting, we make it clear that if the undertaking given by the trial Court, as ordered by this Court in Second Appeal, is not complied with then the respondents may file contempt proceedings against the present petitioner and he may be evicted from the premises forthwith on completion of 18 months period.