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2025 DAILYLAW 14314 (RAJ)

MANSINGH KHAJANCHI S/O SHRI BHIM SINGH KHAJANCHI v. AMARCHAND TIKKIWAL S/O LATE SHRI UDAI PRAKESH JI TIKKIWAL

CW/4935/2025 · 2025-04-04

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:15254] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4935/2025 Mansingh Khajanchi S/o Shri Bhim Singh Khajanchi, Proprietor Firm Rajesh And Rakesh Provision And General Store, House No. 4414, Purani Kotwali Ka Rasta, Johari Bazar, Jaipur. ----Petitioner Versus 1. Amarchand Tikkiwal S/o Late Shri Udai Prakesh Ji Tikkiwal, (Since Deceased) Through His Legal Heirs- 1/1 Smt. Sushila Devi W/o Late Shri Amar Chand Tikkiwal, R/o House No. 4414, Purani Kotwali Ka Rasta, Johari Bazar, Jaipur. 1/2 Pawan Kumar Tikkiwal S/o Late Shri Amar Chand Tikkiwal, R/o House No. 4414, Purani Kotwali Ka Rasta, Johari Bazar, Jaipur. 1/3 Smt. Aruna Tikkiwal D/o Late Shri Amar Chand Tikkiwal W/o Shri Vijay Kumar Tikkiwal, R/o House No. 127, Saraswati Nagar, Babu Ji Ki Dhani, Malviya Nagar, Jaipur. 1/4 Pradeep Tikkiwal S/o Late Shri Amar Chand Tikkiwal, R/o House No. 4414, Purani Kotwali Ka Rasta, Johari Bazar, Jaipur. ----Respondents For Petitioner(s) : Ms. Poonam Mishra for Mr. Siddhartha Jain Mutha For Respondent(s) : Mr. Sahil Duseja for Mr. Dinesh Kala HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 04/04/2025 Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.10.2026) to vacate the premises. Learned counsel appearing for the respondents has no objection to the prayer made; he, however, submits that the petitioner may be granted time subject to payment of a sum of Rs.3500/- per month by way of mesne profit. [2025:RJ-JP:15254] (2 of 2) [CW-4935/2025] This is not objected by the learned counsel for the petitioner. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 31.10.2026 to hand over vacant and peaceful possession of the rented premises to the respondents subject to following conditions:- 1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank account of respondents within a period of four weeks from the date of the order. 2. The petitioner shall pay a sum of ₹3500/- per month towards mesne profit to the respondents from 01.05.2025 till vacation of the rented premises i.e. on or before 31.10.2026, which may be deposited by him in the bank account of the respondents by 10th day of each succeeding month. 3. The petitioner further undertakes that he shall not sub-let, assign or part with possession of 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. 4. The petitioner shall furnish a written undertaking incorporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today. It is made clear that in case, petitioner does not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure his eviction without requiring respondents to file a separate execution petition even before aforesaid date and it will also be open for respondents to initiate contempt proceeding in this Court. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J YOGESH/48