[2025:RJ-JP:29973] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 141/2022 Dr. Niranjan Lal Chheepa S/o Rekha Ram, Aged About 70 Years, R/o Senthal Tiraha, Dausa, District Dausa (Rajasthan). ----Appellant Versus 1. Kailash Chand Joshi S/o Shri Harsh Narayan Joshi, R/o Dausa, Teshil And District Dausa (Raj.) Since Deceased Through His Legal Representatives As Under- 1/1. Vijay Joshi S/o Late Shri Kailash Chandra Joshi, Aged About 54 Years, R/o Raghunath Ji Ka Mohalla, Dausa, Tehsil And District Dausa (Rajasthan) 1/2. Vinay Joshi,, S/o Late Shri Kailash Chandra Joshi, Aged About 54 Years, R/o Yashodhara Nagar, Behind Of Yashodhara Loan, Gupteshwar Road, Dausa, Tehsil And District Dausa (Rajasthan). 1/3. Smt. Indira Sharma, W/o Late Shri Ajay Joshi, Aged About 58 Years, R/o Spectra Amul Parlor, In Front Of Bichleshwar Mahadev Temple, Gupteshwar Road, Dausa, Tehsil And District Dausa (Rajasthan). (Daughter In Law Late Shri Kailash Chandra Joshi) 1/4. Ashwani, S/o Late Shri Ajay Joshi, Aged About 29 Years, R/o Spectra Amul Parlor, In Front Of Bichleshwar Mahadev Temple, Gupteshwar Road, Dausa, Tehsil And District Dausa (Rajasthan). (Son In Law Late Shri Kailash Chandra Joshi). 1/5. Akansha, D/o Late Shri Ajay Joshi, W/o Shri Deepak Sharma, Aged About 26 Years, R/o Spectra Amul Parlor, In Front Of Bichleshwar Mahadev Temple, Gupteshwar Road, Dausa, Tehsil And District Dausa (Rajasthan) At Present Badrawati Maharashtra (Daughter In Law Late Shri Kailash Chandra Joshi). 1/6. Smt. Sumitra Devi,, D/o Late Shri Kailash Chandra Joshi, W/o Shri Omprakash Sharma, Aged About 64 Years, R/o House No.b-68, Malviya Nagar, Jaipur (Rajasthan). 1/7. Smt. Sunita Devi,, D/o Late Shri Kailash Chandra Joshi, W/o Shri Brijmohan Sharma, Aged About 45 Years, R/o House No.45, Junbul Street Vivek Nagar, Banglore, [2025:RJ-JP:29973] (2 of 4) [CSA-141/2022] Karnataka. 1/8. Smt. Archana Sharma,, D/o Late Shri Kailash Chandra Joshi, W/o Shri Subodh Sharma, Aged About 50 Years, R/o Deeg, District Bharatpur (Raj.) At Present Banglore. 1/9. Smt. Vandana, D/o Late Shri Kailash Chandra Joshi, W/o Shri Krishan Prakash Kaushik, Aged About 47 Years, R/o Purani Basti, Jaipur (Raj.) At Present Banglore ----Respondents For Appellant(s) : Mr. J. P. Goyal, Senior Counsel with Ms. Jyoti Swami, Adv. For Respondent(s) : Mr. Manoj Kumar Bhardwaj, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 05/08/2025 This civil second appeal has been filed by the appellant- defendant (for short 'the defendant') against the judgment and decree dated 26.04.2022 passed by District Judge, Dausa (for short 'the first appellate Court') in civil regular appeal No.05/2021, whereby the first Appellate Court dismissed the appeal filed by the defendant and affirmed the judgment and decree dated 10.09.2021 passed by the Senior Civil Judge, Dausa (for short 'the trial Court') in civil suit No.70/95, by which the trial court decreed the respondents-plaintiffs’ (for short ‘the plaintiffs’) suit for eviction and rent of recovery. Without going into merit of the case, at the very outset, learned Senior Counsel for the defendant submits that 2 years’ time may be granted to the defendant to vacate the suit premises. [2025:RJ-JP:29973] (3 of 4) [CSA-141/2022] Learned counsel appearing for the plaintiffs, on instructions of their client, has no objection in granting the time as prayed by learned counsel for the defendant for vacating the premises. In view of the aforesaid submissions and with the consent of learned counsel for both the parties, this second appeal is being decided in the following terms:- (i) The defendant shall be entitled to continue in possession of the premises uptill 04.08.2027 but not beyond that, subject to the condition that he will hand over the vacant and peaceful possession of the premises to the plaintiffs on or before 04.08.2027. (ii) The defendant shall deposit arrears of rent/mesne profit, if any, due towards him upto 31.07.2025 within a month from today in the Bank account of the plaintiffs and thereafter, from 01.08.2025, till handing over the possession of the disputed property, the defendant shall continue to deposit the mesne profit at the rate so fixed by the trial Court and affirmed by the appellate court in the bank account of the plaintiffs by 15th of each succeeding month. The plaintiffs shall furnish their bank account details to the defendant/ his advocate within 10 days from today. (iii) The defendant shall not alienate or otherwise create third party right and/or handover the possession of the suit premises to any other person. (iv) If the defendant fail to deposit/pay the mesne profit consecutively for four months, the plaintiffs shall be at liberty to get executed the decree without any further reference to the court. [2025:RJ-JP:29973] (4 of 4) [CSA-141/2022] Further, the defendant shall submit an undertaking on oath incorporating the aforesaid conditions before the learned trial court within four weeks from today. In case, the defendant fails to submit the undertaking as aforesaid within four weeks from today and/or commit breach of any of the conditions of this order, the plaintiffs shall also be entitled to execute the decree forthwith and obtain possession of the tenanted premises in accordance with law and it will be open for the plaintiff to initiate contempt proceedings in the Court as well. The second appeal stands disposed of accordingly. Pending application(s), if any, also stand(s), disposed of. (NARENDRA SINGH DHADDHA),J Jatin /50