[2025:RJ-JP:35674] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 1236/2025 Smt. Sarita Bediya W/o Sh. Indra Kumar Bedia, Proprietor Firm Divya Jyoti Suting Shirting, House No. 251/1 Ke Neche, Maniram Ji Ki Kothi Ka Rasta Jaipur (Deceased) 1/1. Indra Kumar Bedia S/o Shri Kesar Dev Bedia, Resident Of 24, Vijay Bari, Path Number 2, Sikar Road, Jaipur 1/2. Anoop S/o Shri Indra Kumar Bedia, Resident Of 24, Vijay Bari, Path Number 2, Sikar Road, Jaipur. 1/3. Amit S/o Shri Indra Kumar Bedia, Resident Of 24, Vijay Bari, Path Number 2, Sikar Road, Jaipur. 1/4. Smt. Anupama D/o Shri Indra Kumar Bedia W/o Sh. Deepak Agarwal, Resident Of 24, Vijay Bari, Path Number 2, Sikar Road, Jaipur. 1/5. Smt. Santosh Bedia W/o Shri Anoop Kumar, Resident Of 24, Vijay Bari, Path Number 2, Sikar Road, Jaipur. ----Appellants Versus Smt. Prabhawati Shah W/o Sh. Poonam Chand Shah, Resident Of House No. 521/1, Maniram Ji Ki Kothi Ka Rasta, Ramganj Bazar, Jaipur. ----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 appellants-tenants with a challenge to the judgment dated [2025:RJ-JP:35674] (2 of 4) [CFA-1236/2025] 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.09/2025 (404/2003), whereby the aforesaid suit was decreed in favour of the plaintiff-respondent/landlord. The appellants have also challenged four adverse orders passed by the learned trial Court during pendency of the aforesaid suit, which are as under:- (I) The first order dated 04.04.2025, whereby the learned trial Court allowed the application of the plaintiff/respondent under Order 6 Rule 17 CPC filed and the suit was allowed to be amended after twenty two years of filing of the suit, (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 without giving an opportunity to file reply to the application & (III) The third order dated 25.04.2025, whereby the defendant was not allowed to file amended written statement to the amended plaint & (IV) The fourth 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 appellants-tenants submits that the appellants-tenants are ready to vacate the premises and have given an undertaking dated 03.09.2025 that they 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. [2025:RJ-JP:35674] (3 of 4) [CFA-1236/2025] 3. Learned counsel for the plaintiff/respondent-landlord is agreed with the submissions made by learned counsel for the appellants-tenants and the undertaking given by the appellants- tenants. 4. In view of the consent of learned counsels for the parties and the undertaking given by the appellants-tenants, the present civil first appeal is disposed of with the following directions:- (i) The appellants-tenants shall be entitled to continue in occupation of the suit premises till 03.09.2028 with a condition that they would hand over the vacant possession of the suit premises to the respondent-landlord on or before 03.09.2028. (ii) The appellants-tenants shall pay arrears of rent, if any, up to 01.09.2025 within a period of two months from today. (iii) The appellants-tenants 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. (iv) The appellants-tenants 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 appellants-tenants shall also govern the legal heirs or successors of the appellants- tenants. (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. [2025:RJ-JP:35674] (4 of 4) [CFA-1236/2025] 6. The stay application and pending application(s), if any, also stand disposed of. (GANESH RAM MEENA),J ARTI SHARMA /278