[2025:RJ-JP:22048] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 322/2007 Madan S/o Shri Ram Prasad, Jawahar Bazar, Tonk Raj. ----Appellant Versus 1. Shivani D/o Late Shri Bal Mukund, R/o Attaron Ki Gali, Takhta, Tonk (Raj.) (Died During Pendency Of Appeal). 2. Purva D/o Late Shri Bal Mukund, R/o Attaron Ki Gali, Takhta, Tonk (Raj.) (Died During Pendency Of Appeal). 3. Prgya Agarwal D/o Late Rajendra Agarwal, R/o Agarwal Tent House, Bada Kunwa, Tonk (Raj.). 4. Smt. Chandu Devi D/o Shri Chauthmalji Naramseth, C/o Rajendra Kumar, Proprietor Rajendra Tent House, Bada Kunwa, Tonk (Raj.). 5. Smt. Sunita Agarwal W/o Late Rajendra Agarwal, R/o Agarwal Tent House, Bada Kunwa, Tonk (Raj.). 6. Himank Agarwal S/o Late Rajendra Agarwal, R/o Agarwal Tent House, Bada Kunwa, Tonk (Raj.). 7. Smt. Prasadi Devi @ Naram Sethani W/o Late Shri Chauthmal, R/o Attaron Ki Gali, Takhta, Tonk (Raj.) (Died During Pendency Of Appeal). 8. Arpit S/o Late Shri Bal Mukund, R/o Attaron Ki Gali, Takhta, Tonk (Raj.) (Died During Pendency Of Appeal). 9. Rajendra Kumar S/o Late Shri Chauthmalji Naramseth, R/o Agarwal Tent House, Bada Kunwa, Tonk (Raj.) (Died During Pendency Of Appeal). 10. Balmukund (Died During Pendency of Appeal), Through His Legal Representatives- 11. Arpan S/o Late Shri Bal Mukund, R/o Attaron Ki Gali, Takhta, Tonk (Raj.) (Died During Pendency of Appeal). 12. Shikha D/o Late Shri Bal Mukund, R/o Attaron Ki Gali, Takhta, Tonk (Raj.) (Died During Pendency of Appeal). 13. Smt. Durga Devi D/o Late Shri Chauthmalji Naramseth, C/o Rajendra Kumar, Proprietor Rajendra Tent House, Bada Kunwa, Tonk. 14. Hari Prasad Goyal, R/o Rajendra Tent House, Bada Kuwan, Tonk (Raj.). [2025:RJ-JP:22048] (2 of 4) [CSA-322/2007] 15. Smt. Prem Devi D/o Late Shri Chauthmalji Naramseth, C/o Rajendra Kumar, Proprietor Rajendra Tent House, Bada Kunwa, Tonk(Died During Pendency of Appeal) 16. Noru Devi W/o Shravan Kumar, R/o Tonk. 17. Deepak Goyal, R/o Rajendra Tent House, Bada Kuwan, Tonk (Raj.). ----Respondents For Appellant(s) : Mr. R. Kishan Daga For Respondent(s) : Mr. Ashish Sharma Upadhyay HON'BLE MR. JUSTICE MANEESH SHARMA Order 26/05/2025 1. The instant Civil Second Appeal under Section 100 CPC has been filed by the defendant-appellant against the judgment and decree dated 23.02.2007 passed by learned Additional District & Sessions Judge (Fast Track) No.4, Tonk in Civil Regular Appeal No.85/2006, whereby he dismissed the first appeal and affirmed the judgment and decree dated 22.01.2004 passed by learned Additional Civil Judge (Sr. Division), Tonk in Civil Suit No.43/89 (165/83) by which a decree of eviction has been passed against the appellant. 2. Learned counsel for the appellant Mr. R. Kishan Daga after arguing the matter at some length, on instruction of his client, has not pressed this appeal on merits. The only prayer made by him is that time of two years may kindly be granted to the appellants to vacate the tenanted premises. 3. Learned counsel appearing for the respondent Mr. Ashish Sharma Upadhyay on instructions of his client has no objection in [2025:RJ-JP:22048] (3 of 4) [CSA-322/2007] granting the time as prayed for by the appellant for vacating the tenanted premises. 4. In view of the aforesaid submission of learned counsel for the parties, this second appeal is being decided in the following terms:- 1. The defendant-appellant shall be entitled to continue in possession of the suit premises uptil 1st June, 2027 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 1st June, 2027. 2. The appellant shall deposit arrears of mesne profit, if any, due towards them up to 30th May, 2025 at the rate of Rs.30/- per month within a period of four weeks from today in the bank account of the respondents and thereafter, from the month of June 2025, till the date of vacation of tenanted premises the appellant shall continue to deposit the mesne profit at the rate of Rs.5,000/- in the bank account of the respondents by 15th of each month. 3. The appellant shall not sublet or otherwise create third party right or hand over possession of the tenanted premises in question to any other person. 4. If the appellant fails to deposit the mesne profit consecutively for four weeks, the respondents shall be at liberty to execute the decree without any further reference to the Court. 5. Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before learned Trial Court within a period of four weeks from the date of this order. In case, the appellant fails to submit the undertaking as aforesaid within [2025:RJ-JP:22048] (4 of 4) [CSA-322/2007] four weeks from today and/or commit breach of any of the conditions of this order, the respondents shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law. In case the appellant fails to vacate the tenanted premises on 01.06.2027 then it will be open for the respondents-plaintiffs to initiate contempt proceedings in this Court for the breach of undertaking or non-compliance of the order. 6. The present second appeal is dismissed as not pressed with the aforesaid directions and the impugned orders dated 23.02.2007 passed by learned Additional District & Sessions Judge (Fast Track) No.4, Tonk and 22.01.2004 passed by learned Additional Civil Judge (Sr. Division), Tonk are confirmed. 7. The application No.21549/2009 as well as all other pending application(s), if any, are also stand disposed of, as not pressed. (MANEESH SHARMA),J Deepa-22