Advocates:
['PC SHARMA', '', 'IRFAN GORI', 'VIKAS HEDAU']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Second Appeal No. 46 / 2017

Dhuka Ram Son of Harji, By Caste Suthar, Resident of Mochiyon

Ka Bas, Siwana, Tehsil Siwana

----Appellant

Versus

1. Legal Representatives of Deceased Dungar Chand S/o Jay

Shankar, By Caste Trivedi Shrimali: -, Since deceased through

legal representatives-

1/1. Smt. Kamla Ben W/o Late Dungar Chand, By Caste Trivedi

Shrimali, Resident of Gandhi Chowk, Siwana, Tehsil Siwana

1/2. Vinod Kumar S/o Late Dungar Chand, By Caste Trivedi

Shrimali, Resident of Gandhi Chowk, Siwana, Tehsil Siwana

1/3. Vijay S/o Late Dungar Chand, By Caste Trivedi Shrimali,

Resident of Gandhi Chowk, Siwana, Tehsil Siwana

1/4. Kavindra S/o Late Dungar Chand, By Caste Trivedi Shrimali,

Resident of Gandhi Chowk, Siwana, Tehsil Siwana

1/5. Gayatri D/o Late Dungar Chand, By Caste Trivedi Shrimali,

Resident of Siwana, Tehsil Siwana

1/6. Manisha D/o Late Dungar Chand, By Caste Trivedi Shrimali,

Resident of Siwana, Tehsil Siwana

2. Legal Representatives of Deceased Lakshman Ram S/o Harji, By

Caste Suthar:-, Since deceased through legal representatives-

2/1. Pukh Raj Son of Late Lakshman Ram, By Caste Suthar,

Resident of Mochiyon Ka Bas, Siwana, Tehsil Siwana

2/2. Smt. Hodi Alias Sowani Wife of Late Lakshman Ram, By Caste

Suthar, Resident of Mochiyon Ka Bas, Siwana, Tehsil Siwana

2/3. Smt. Sumitra Daughter of Late Lakshman Ram Wife of

Kamlesh Kumar, By Caste Suthar, Resident of Mochiyon Ka Bas,

Siwana, Tehsil Siwana

2/4. Smt. Geeta Daughter of Late Lakshman Ram Wife of Bhoorji,

By Caste Suthar, Resident of Mochiyon Ka Bas, Siwana, Tehsil

Siwana

2/5. Smt. Indra Daughter of Late Lakshman Ram Wife of Gordhan

Ram, By Caste Suthar, Resident of Mochiyon Ka Bas, Siwana,

Tehsil Siwana

2/6. Bharat Kumar Son of Late Lakshman Ram, By Caste Suthar,

(2 of 3)

[CSA-46/2017]

Resident of Mochiyon Ka Bas, Siwana, Tehsil Siwana

3. Chhagan Lal Son of Masraji, By Caste Suthar, Resident of Kusip

Presently Siwana Tehsil Siwana.

----Respondents

_____________________________________________________

For Appellant(s) : Mr. P.C. Sharma

For Respondent(s) : Mr. Rameshwar Hadau

_____________________________________________________

HON'BLE MR. JUSTICE RAMCHANDRA SINGH JHALA

Order

21/02/2018

Heard learned counsels for both the sides.

Learned counsel for the appellant has pressed

this appeal to the limited extent for granting some time

to vacate the shop in dispute.

In view of consent arrived at between the

parties during discussion in the Court, the appellant is

directed to vacate the possession of the shop in dispute

and hand it over to respondent on or before 1^st April,

2019. He will also pay the mesne profit of the shop in

dispute @ Rs. 500/- per month w.e.f. 01^st March, 2018 till

handing over of the peaceful and vacant possession of

the shop to respondents. Appellant is further ordered

not to create any third party interest in the shop in

dispute in any manner. If it is done, in violation of the

conditions mentioned above, any such interest will be

deemed to be void ab-initio.

In the meanwhile, appellant is also directed to

maintain the shop in dispute in the condition as it exists

today without making any addition or alteration therein.

(3 of 3)

[CSA-46/2017]

The decreetal amount if any mentioned in the

judgment and decree impugned and other arrears if any

will be deposited by the appellant within a period of 30

days from today in the bank account maintained by

respondents, the details of which will be furnished by

learned counsel for the respondent on or before 5^th

M