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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL SECOND APPEAL NO.128/2009
(Kalu @ Biharilal & Ors. Vs. Sohan Lal)
Date of order :: 08.05.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr.Ajay Vyas, for the appellants.
Mr.Vijay Mehta, for the respondent.
Heard learned counsel for the parties.
After perusing the judgment of the trial
court as well as the appellate court and the
issues framed by the trial court with regard to
bona fide necessity, I am of the opinion that no
interference is required in the concurrent finding
of both the courts below, so also, no substantial
question of law emerges from the facts and
findings of the case.
Hence, this second appeal is dismissed.
However, upon the prayer made by
appellants that some breathing time may be granted
for handing over the possession of the suit
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property, I deem it just and proper to grant
appropriate time to vacate the premises. For the
same, the appellants are directed to furnish
undertaking within a period of 15 days from today
before the trial court that they will vacate the
premises in question by 31st December, 2009.
Upon furnishing the same, the execution of the
decree shall remain stayed upto 31st December,
2009. It is also clarified that till handing over
the possession to the respondent, the appellants
shall pay rent upto the date of vacating the
premises.
(GOPAL KRISHAN VYAS), J.
A.K. Chouhan/-