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[2025:RJ-JP:4801] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 353/2025 Sanjay Pareek S/o P.n. Vyas, Aged About 67 Years, R/o B-3, New Colony Road, Mansarovar, Jaipur. ----Petitioner Versus Nandlal Bapna S/o Lt. Jagdish Bapna, Aged About 68 Years, R/o B-3 Bapna House, New Colony, Jaipur. Flat No. 302, Nakshatr Pride Apartment, Plot No. C-35A, Lajpat Marg C-Scheme, Jaipur. ----Respondent For Petitioner(s) : Mr. Faraz Hussain For Respondent(s) : Mr. Shashi Kant Saini Mr. Raunak Singhvi HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order 04/02/2025
Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 28.02.2026) to vacate the premises.
Learned counsel appearing for the respondent has no objection to the prayer made; he, however, submits that the petitioner may be granted time subject to payment of a sum of 10 ₹ ,000/- per month by way of mesne profit. 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 28.02.2026 to handover vacant and peaceful possession of the rented premises to the respondent subject to following conditions:-
[2025:RJ-JP:4801] (2 of 2) [CW-353/2025]
1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank account of respondent within a period of four weeks from the date of the order.
2. The petitioner shall pay a sum of 10,000 ₹ /- per month towards mesne profit to the respondent from 01.03.2025 till vacation of the rented premises i.e. on or before 28.02.2026, which may be deposited by her in the bank account of the respondent 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 respondent to file a separate execution petition even before aforesaid date and it will also be open for respondent to initiate contempt proceeding in this Court. The stay application also stands disposed of.
(MAHENDAR KUMAR GOYAL),J MAHIMA/46