[2026:RJ-JD:4768]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 311/2025

1. Suresh Malpani S/o Ramswaroop, Aged About 50 Years, Ladwa, Tehsil Riyanbadi, District Nagaur Raj..

2. Ramesh S/o Banshilal, Aged About 55 Years, Merta City, Tehsil Merta, District Nagaur Raj..

----Appellants Versus Chandra Kanta W/o Thakur Prasad, Sunaro Ka Mohalla, Meera Marg, Merta City, Tehsil Merta, District Nagaur Raj..

----Respondent For Appellant(s) : Mr. SL Jain.

Mr. Abhinav Jain.

For Respondent(s) : Mr. VD Gaur.

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

27/01/2026

1. The present second appeal under Section 100 CPC has been preferred by the appellants against the judgment and decree dated 04.09.2025, passed by the learned District Judge, Merta, District Nagaur (hereinafter referred to as “the learned Appellate Court”) in Civil Regular Appeal No.10/2024, whereby the appeal filed by the appellants has been dismissed while affirming the judgment and decree dated 03.08.2024 passed by the learned Senior Civil Judge, Merta, District Nagaur (hereinafter referred to as “the Trial Court”) in Civil Original Suit No.48/2015, vide which the suit filed by respondent-plaintiff for eviction, recovery of rent arrears and mesne profit was decreed.

2. Learned counsel for the appellants on instructions submits that he does not want to press this second appeal on merits, however, prays that a reasonable time of at least two years to vacate the subject premises and handover peaceful possession of the same to the respondent-plaintiff may be granted.

3. Learned counsel for the respondent-plaintiff has no objection if the premises in question is vacated and peaceful possession is handed over to her on or before 31.07.2027.

4. In these circumstances, present second appeal is dismissed as not pressed. However, appellants shall be allowed to retain the possession of the suit premises and shall handover peaceful and vacant possession of the shop (premises) in question to the respondent on or before 31.07.2027, subject to following conditions:-

(i) The appellants shall personally submit an undertaking supported by their affidavit before the trial Court to the effect that on or before 31.07.2027, they shall handover peaceful and vacant possession of the suit premises to the respondent-plaintiff. They shall also undertake neither to cause any damage to the suit premises, nor to make any alteration and not to assign, subject 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 appellants shall pay mesne profit as ordered by learned trial Court below and will further continue to pay the same on or before 7th day of each month in the bank account of the respondent-plaintiff or in the trial Court till the vacant possession of the suit property is handed over i.e. by 31.07.2027. The arrears of rent and mesne profit, as determined by learned trial Court, if not already paid, shall also be paid by them within a period of three months from today and entire amount, including amount already deposited on this account, will be disbursed to the respondent-plaintiff.

(iii) On appellants-defendants furnishing undertaking aforesaid and abiding by the terms and conditions of the order, respondent-plaintiff shall not execute impugned judgment and decree till 31.07.2027.

5. It is made clear that upon appellants failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the respondent-plaintiff shall be entitled to execute judgment and decree impugned forthwith, besides initiating proceedings for contempt of Court, in accordance with law.

6. No order as to costs.

7. The stay application also stands disposed of accordingly.

(MUKESH RAJPUROHIT),J

54-/Jitender//-