[2025:RJ-JP:35664] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 1235/2025 Indra Kumar Bediya S/o Shri Kesar Dev Bediya, Proprietor Firm Shree Commercial Company, House No. 251/1, Ke Niche, Maniram Ji Ki Kothi Ka Rasta, Jaipur. ----Defendant/Appellant Versus Smt. Prabhawati Shah W/o Shri Poonam Chand Shah, Resident Of House No. 251/1, Maniram Ji Ki Kothi Ka Rasta, Ramganj Bazar, Jaipur. ----Plaintiff/Respondent For Appellant(s) : Mr. Shiv Charan Gupta For Respondent(s) : Mr. Ajeet Bhandari, Sr. Adv. assisted by Mr. Vimal Choudhary & Mr. Abhishek Bhandari HON'BLE MR. JUSTICE GANESH RAM MEENA Order 04/09/2025 1. The present civil first appeal has been filed by the appellant-tenant with a challenge to the judgment dated 23.05.2025 passed by the Court of learned Additional District & Sessions Judge No.9, Jaipur Metropolitan-II (hereinafter is to be referred to as ‘the learned Court below’) in Civil Suit No.10/2020 (405/2003), whereby the aforesaid suit was decreed in favour of the plaintiff-respondent/landlord. The appellant has also challenged three adverse orders passed by the learned trial Court during pendency of the aforesaid suit, which are as under:- (I) The first order dated 25.03.2025, whereby the learned trial Court allowed the application of the plaintiff/respondent under Order 6 Rule 17 CPC filed on 17.03.2025 and the suit was allowed to be amended after twenty two years of the filing of the suit, [2025:RJ-JP:35664] (2 of 3) [CFA-1235/2025] (II) The second order dated 21.04.2025, whereby the application filed by the plaintiff/respondent under Section 151 CPC was allowed and the issues already framed on 20.05.2011, were allowed to be substantially amended & (III) The third order dated 06.05.2025, whereby the defendant evidence was closed even without completing the evidence of the defendant himself. 2. Learned counsel for the appellant-tenant submits that the appellant-tenant is ready to vacate the suit premises and has given an undertaking dated 03.09.2025 that he shall vacate the suit premises by 03.09.2028, therefore, the present first appeal may kindly be disposed of in view of the aforesaid undertaking. 3. Learned counsel for the plaintiff/respondent is agreed with the submissions made by learned counsel for the appellant- tenant and the undertaking given by the appellant. 4. In view of the consent of learned counsels for the parties and the undertaking given by the appellant-tenant, the present civil first appeal is disposed of with the following directions:- (i) The appellant-tenant shall be entitled to continue in occupation of the disputed premises till 03.09.2028 with a condition that he would hand over the vacant possession of the suit premises to the respondent-landlord on or before 03.09.2028. (ii) The appellant-tenant shall pay arrears of rent, if any, up to 01.09.2025 within a period of two months from today. (iii) The appellant-tenant shall pay rent to the respondent-landlord, as per the order of the learned Trial Court paying in present, on or before 10th of each month. [2025:RJ-JP:35664] (3 of 3) [CFA-1235/2025] (iv) The appellant-tenant shall not alienate or otherwise create third party right, or hand over the possession of the suit premises to any other person. (v) The undertaking given by the appellant-tenant shall also govern the legal heirs or successors of the appellant-tenant. (Vi) Any violation of any term and condition of the undertaking shall be treated to be contempt of Courts order. 5. Accordingly, the present civil first appeal stands disposed of as above. 6. The stay application and pending application(s), if any, also stand disposed of. (GANESH RAM MEENA),J ARTI SHARMA /277