VINOD KUMAR S/O LATE DEVILAL v. JAMNALAL KANIRAM BAJAJ TRUST
CMAP/250/2024 · 2025-01-16
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26531 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26531 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2335] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 250/2024
1. Vinod Kumar S/o Late Devilal, R/o Doliyon Ka Bas, Sikar Tehsil And District Sikar, Presently Tenant Station Ke Pas, Station Road, Tehsil And District Sikar (Deceased) 1/1. Ajay Kumar S/o Late Vinod Kumar Sharma, R/o Jan Jagran Samiti Ke Pas, Doliyon Ka Bas, Sikar Tehsil And District Sikar, Present Railway Station Ke Pas, Station Road, Sikar Tehsil And District Sikar. 1/2. Ashok Kumar @ Bhanaram S/o Late Devilal, R/o Doliyon Ka Bas, Sikar Tehsil And District Sikar, Present Tenant Station Ke Pas, Station Road, Sikar Tehsil And District Sikar. ----Petitioners Versus
1. Jamnalal Kaniram Bajaj Trust, Bajaj Bhawan, Bajaj Road, Sikar Through Manager And Power Of Attorney Shri Yogesh Kumar.
2. Yogesh Kumar Son Of Ramratan Sain, R/o Bajaj Bhawan, Bajaj Road, Sikar Tehsil And District Sikar (Raj.). ----Respondents For Petitioner(s) : Mr. Bipin Gupta For Respondent(s) : Mr. Mahendra Kumar Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 16/01/2025
1. Instant civil misc. application is preferred by appellant- defendants for extension of time to submit undertaking with surety as mandated by this Court in order dated 29.05.2024 while disposing of S.B. CSA No. 370/2022.
2. Instant Civil Misc. application is filed on 29.07.2024 and same was listed on 10.09.2024 before another Co-ordinate Bench.
[2025:RJ-JP:2335] (2 of 2) [CMAP-250/2024]
3. Today, Mr. Mahendra Kumar Jain is present on behalf of the respondent-landlord.
4.
Learned counsel for respondent has objected to extension of time to submit undertaking with surety before the Trial Court as according to him he has acquired a right to execute the decree for non-filing of undertaking with surety in pursuant to order dated
29.05.2024.
5. Considering the fact that this Court has disposed of S.B. Civil Second Appeal on the basis of consent of the parties and allowed time till 31.05.2026 for vacation of suit property in pursuant to decree for eviction which indicate that a time was granted to applicant to vacate the suit property but after order on 29.05.2024, there was a vacation in June and when the Court was opened after vacation, the time period of 30 days which commenced from 30.05.2024 has expired.
6. Considering the procedural delay, it is appropriate to allow the civil misc. application and allow another two weeks’ time from now to comply the order dated 29.05.2024 to the appellants.
7. In view of aforesaid, the Civil Misc. Application is allowed and two weeks’ time is granted to file undertaking with a surety before learned Trial Court.
8. Misc. application(s), if any, also stands disposed of.
(ASHOK KUMAR JAIN),J MONU /222