[2025:RJ-JP:24947] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 310/2018 1. Jai Singh, S/o Late Shri Chatruram Mali, R/o Moti Doongari Road, Dadabadi Ke Samne, Jaipur Rajasthan 2. Lalita Devi, W/o Shri Jai Singh, R/o Moti Doongari Road, Dadabadi Ke Samne, Jaipur Rajasthan ----Appellants Versus 1. Halwai Samiti Registered, Jaipur City Sonthali Walon Ka Rasta And Moti Doongari Road, Dadabadi Ke Samne, Jaipur Through President 2. Jugal Kishore Dahiwale, S/o Shri Gopi Chand Dahiwale Died Through Legal Representatives- 2/1. Rajendra Kumar Rawat, S/o Late Shri Kishan Rawat, President Halwai Samiti, Jaipur Sonthali Walon Ka Rasta And Dadabadi Ke Samne, Moti Doongari Road, Jaipur. 3. Bharat Kumar, S/o Shri Ram Narain Gupta, Secretary Halwai Samiti Died Through Legal Representative 3/1. Mahaveer Prasad Purohit, S/o Late Shri Ram Chandra Purohit, Secretary, Halwai Samiti, Jaipur Sonthali Walon Ka Rasta And Dadabadi Ke Samne, Moti Doongari Road, Jaipur. 4. Om Prakash Pudiwale, S/o Shri Hanuman Sharma Pudiwale, Sanyojak And Bhawan Management Committee, Shree Halwai Samiti Jaipur Sonthali Walon Ka Rasta And Dadabadi Ke Samne, Moti Doongari Road, Jaipur. ----Respondents For Appellant(s) : Mr. Mohd. Adil, Adv. For Respondent(s) : Mr. Shreyansh Sharma, Adv. [2025:RJ-JP:24947] (2 of 3) [CSA-310/2018] HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 07/07/2025 This civil second appeal has been filed by the appellants- defendants (for short 'the defendants') against the judgment and decree dated 12.04.2018 passed by Additional District Judge No. 10, Jaipur Metropolitan (for short 'the first appellate Court') in civil regular appeal No. 102/2017, whereby the first Appellate Court dismissed the appeal and affirmed the judgment and decree dated 19.04.2017 passed by the Additional Senior Civil Judge No. 6, Jaipur Metropolitan (for short 'the trial Court') in civil suit No. 67/2003 (2/1993), by which the trial Court decreed the respondents-plaintiffs' (for short ‘the plaintiffs’) suit for mesne profit, permanent injunction and in the alternative eviction and recovery of rent etc. At the very outset, learned counsel for the defendants submits that he is not pressing the appeal on merits. However, the only prayer made by him is that time upto 31.12.2026 may be granted to the defendants to vacate the tenanted premises. He further submits that the defendants are ready to pay the decretal amount to the plaintiffs within a month and they are also ready to pay the mesne profit to the plaintiffs @ Rs. 4,000/- per month from the month of July, 2025 onwards. He has submitted an undertaking of the defendant No.1 on record, which is taken on record. Learned counsel appearing for the plaintiffs, on instructions of his client, has no objection in granting the time to the defendants for vacating the tenanted premises. [2025:RJ-JP:24947] (3 of 3) [CSA-310/2018] In view of the above, the second appeal is disposed of in the following terms: (i) The defendants shall be entitled to continue in possession of the tenanted premises upto 31.12.2026 but not beyond that subject to the condition that the defendants will hand over the vacant and peaceful possession of the tenanted premises to the plaintiffs on or before 31.12.2026. (ii) That the defendants shall deposit/pay the decretal amount of Rs. 18,000/- within a month from today in the bank account of the plaintiffs. (iii) That the defendants will regularly pay the mesne profit @ Rs. 4,000/-per month in the bank account of the plaintiffs by 15th of each month from the month July, 2025 onwards. (iv) The plaintiffs shall furnish the details of their bank account to the defendants/their advocate within 10 days from today for depositing the aforesaid amount. (v) The defendants shall not alienate and/or create third party interest or handover the possession of the premises in question to any other person. (vi) If the defendants fail to deposit the decretal amount within the stipulated period and/or to pay/deposit mesne profit consecutively for three months, the plaintiff samiti shall be at liberty to execute the decree without any further reference to the court. The second appeal stands disposed of accordingly. Stay application also stands disposed of. (NARENDRA SINGH DHADDHA),J Tahir/102