HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil First Appeal No. 268/2019 Lrs Of Jagdish Prasad ----Appellant Versus Subhash ----Respondent For Appellant(s) : Mr. Niranjan Lal Joshi with Ms. Kirti Pareek For Respondent(s) : Mr. S.L. Jain HON'BLE MS. JUSTICE REKHA BORANA

Order

06/03/2026

1. Matter comes upon an application for early hearing.

2. An application for extension of interim orders dated 01.10.2019 and 15.12.2020 has also been filed on behalf of the respondents.

3. It has been submitted that after order dated 15.12.2020 been passed by the Court, the parties entered into an agreement vide which the respondents agreed to sell out the property to the appellants and in lieu thereof, part consideration amount of Rs.1,00,000/- was paid by the appellants to the respondents. However, the respondents subsequently denied to execute the sale deed in favour of the appellants and hence a suit for specific performance has been filed by them.

4. Counsel for the petitioner submits that in the above circumstances, amount of Rs.1,00,000/- be adjusted qua the arreas of mesne profit or in alternate, further time be granted to the appellants to deposit the due amount in terms of order dated

15.12.2020.

5. Vide order dated 15.12.2020, the Court ordered as under:

“In case of failure to deposit the amount for the period till 31.12.2020 within a period of four weeks and/or three consecutive failures in depositing the amount of monthly mesne profit w.e.f. 1.1.2021, the interim order granted by this Court on 1.10.2019 as modified today, shall come to an end automatically without reference to the Court.

The stay application stands disposed of.”

6. It is an admitted fact that in compliance of the above order, only five installments were paid by the appellants.

7. So far as the alleged agreement is concerned, no such document has been placed on record. Further, as has been admitted by counsel for the appellants himself, the remedy of a suit for specific performance has already been availed by them qua the same.

8. In that view of the matter, it remains an admitted fact that the arrears and the mesne profit as determined vide order dated 15.12.2020 has not been paid by the appellants within the stipulated period. Therefore, in terms of order dated 15.12.2020, both the orders i.e. orders dated 01.10.2019 & 15.12.2020 automatically came to an end long ago. The orders which came to an end long ago, can definitely not be extended now, by any means.

9. The application is hence, dismissed

10. Application for early hearing stands disposed of (REKHA BORANA),J

41-KashishS/-