JUDGMENT 1. - These appeals are directed against the judgment and decree dated 19.4.2014 passed by the Additional District Judge No.2, Bikaner, whereby while the appeal filed by the appellant against the judgment and decree dated 2.8.2007 passed by the Civil Judge (Sr.Div.), Bikaner has been dismissed, the appeal filed by the respondent Satyanarayan has been allowed against the said judgment and decre. 2. After attempting to make submissions for sometime on the appeal, learned counsel for the appellant on instructions prays that the appellant may be granted extra time for vacating the suit premises. 3. Heard learned counsel for the parties regarding grant of extra time to vacate the suit premises. 4. Learned counsel for the appellant submits that the premises are being used for running school for last many years and the appellant may be granted sufficient time to find out a suitable accommodation for running a school of about 600 children. 5. Learned counsel for the respondents opposed the prayer for grant of time. It was submitted that the premises are in possession since long and the suit was filed in the year 1983 and a meagre mesne profit of Rs. 500/- only has been ordered, which also is in arrears. It was submitted that in case time is granted, then reasonable amount of mesne profit be ordered to be paid. 6. Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellant to vacate the suit premises by 30th June, 2016 and grant mesne profit to the plaintiff until the appellants vacate the suit premises @ Rs. 5,000/- per month from the month of July, 2014 till June, 2016. 7. In view of the above, the learned counsel for the appellant seeks withdrawal of the appeals and the same are, therefore, dismissed as withdrawn. The stay applications are also dismissed. However, the appellant is granted time to vacate the suit premises by 30th June, 2016 on the following conditions:- (i) the appellant shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 30th June, 2016 he shall handover the peaceful and vacant possession of the suit premises to the plaintiff-respondent.
He shall also undertake not to cause any damage to the suit premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) the appellant shall deposit within four weeks the entire decreetal amount/arrears of the mesne profit and shall further pay to the plaintiff the amount for use and occupation of the suit premises @ Rs. 5,000/- per month w.e.f. 01st July, 2014 or deposit the same in the saving bank account of the plaintiff month by month on or before 15th day of the next month. The respondent or learned counsel for the respondent will provide the details of the bank account, in which, the decreetal amount/arrears of mesne profit/month to month mesne profit will be deposited, to the appellant or counsel for the appellant within a period of two weeks from today. (iii) it is made clear that in case the appellant does not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent plaintiff to get the decree executed forthwith in accordance with law. No costs.Appeal dismissed. *******