Hon'ble AGARWAL, J.—This order is disposing of application under Section 151 CPC filed by the appellant for extension of time undertaken by him for furnishing written undertaking in compliance of order dated 9.7.2012 passed in S.B. Civil Second Appeal No. 66/2012.

2. Brief relevant facts for the disposal of this application are that the respondent-landlord filed suit for eviction against tenant-appellant from the suit premises before the trial Court in the form of Civil Suit No. 182/2003 and the same was decreed vide judgment and decree dated 23.1.2006 and the Appeal No. 2/2006 filed by the appellant under Section 96 CPC was dismissed by the appellate Court vide judgment and decree dated 5.1.2012. The aforesaid civil second appeal under Section 100 CPC was filed by the appellant in which the respondent appeared through his counsel and appeal was dismissed vide order dated 9.7.2012 as not pressed as the parties agreed to dispose of the same on the following terms and conditions:-

"1. Defendant-appellant undertakes to hand over vacant and peaceful possession of the rented premises to the plaintiff-respondent on or before 31st December, 2013. The plaintiff respondent shall not execute the impugned decree of eviction/dispossession till then.

2. Defendant-appellant undertakes to pay or deposit the arrears of rent/mesne profit due till now within a period of one month at the rate of Rs. 150/- per month and to further continue to pay or deposit the future mesne profit by 10th day of each succeeding month till date of actual delivery of possession at the above rate.

3. Plaintiff-respondent shall furnish details of his bank account to the appellant within a period of 15 days failing which it will be open for the appellant to deposit the amount of rent in the trial Court.

4. Defendant-appellant further undertakes that they will not sublet, assign or part with the possession of the rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period.

5. Defendant-appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court or before this Court with an advance copy to the learned counsel for the respondent within a period of 15 days from today.

6. If the appellant do not comply with any of the aforesaid terms and conditions and/or fail to make payment of arrears of rent as directed above or fail to make payment of future rent/mesne profit as directed above for succeeding two months then it will be open for the plaintiff-respondent to get the decree of eviction/dispossession passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court.

7. Liberty is given to the plaintiff-respondent to receive/obtain the arrears of rent lying deposit with the bank. The bank concerned is directed to release/pay the amount of rent deposited by the defendant-appellant to the plaintiff-respondent."

3. In compliance of the aforesaid order dated 9.7.2012, the appellant was to furnish a written undertaking incorporating the aforesaid conditions in the trial Court or before this Court within a period of 15 days from the date of the order but the required undertaking was filed before the trial Court on 5.9.2012 after the expiry of aforesaid period of 15 days and vide order dated 13.9.2012 learned trial Court refused to take the undertaking on record on the ground that it has not been filed within the period of 15 days fixed by the aforesaid order of this Court. The trial Court further directed that warrant for possession may be issued as after the dismissal of appeal by the first appellate Court the landlord-respondent filed Execution Petition No. 9/11 before the trial Court and the same was pending. Apprehending that in compliance of warrant for possession issued by the trial Court the suit premises may be got vacated from him despite the fact that the same was to be vacated on or before 31.12.2013 in

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