[2025:RJ-JP:29223] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 372/2021 Shri Kishan Heda S/o Shri Mankaran Heda, Near Khalsa Transport Company, Infront Of Kapees Garden Restaurant, Peeplaj, Tehsil Masuda Dist. Ajmer (Raj.) Owner Business:- Shri Krishan Motor Garage, Near Khalsa Transport Company Infront of Kapees Garden Restaurant, Peeplaj, Tehsil Masuda, Dist. Ajmer (Raj.) Other Address:- Shri Kishan Heda S/o Shri Mankaran Heda, R/o Heda Gali Near Arya Samaj, Beawar (Raj.) Owner Business:- Shri Krishna Motor Garage, Peeplaj, Tehsil Masuda Dist. Ajmer (Raj.) ----Appellant/defendant Versus Manmeet Singh S/o Late Shri Dalip Singh, Aged About 40 Years, R/o Pushkar Ganj Gali No. 1 Beawar District Ajmer. ----Respondent-plaintiff For Appellant(s) : Mr. Gopendra Singh Shekhawat, Adv. Mr. Vikram Singh Panwar, Advocate For Respondent(s) : Mr. Saurabh Bhandari, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 31/07/2025 : Instant first appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the appellant-defendant assailing the impugned judgment & decree dt.08.09.2021 passed by the Court of ld. Additional District Judge, No.3, Beawar, in Civil Suit No.03/2016 (120/2013) whereby the suit instituted by the respondent/plaintiff, was decreed. Learned counsel appearing for the defendant-appellant, after having argued the matter at some length, on instructions from his client, has not pressed the present appeal on merits. The only prayer made by him is that at least some reasonable time i.e. eighteen-months [2025:RJ-JP:29223] (2 of 3) [CFA-372/2021] may be granted to the defendant-appellant to vacate & handover the possession of the suit premises. Learned counsel appearing for the respondents-plaintiff, on instructions from his client, has no objection in granting the time, as prayed for by the learned counsel appearing for the defendant-appellant for vacating the suit premises, subject to payment of due mesne-profit & enhanced mesne-profit for future. In view of the above, with the consent of learned counsel appearing for both the parties & on instructions of their respective parties, the present appeal is being decided in the following terms:- (i) The defendant-appellant shall be entitled to continue in possession of the suit premises upto 31.01.2027 but not beyond that, subject to condition that he will hand over the vacant & peaceful possession of the premises to the respondent-plaintiff on or before 31.01.2027. (ii) The defendant-appellant shall also pay/deposit arrears of monthly rent & mesne-profit, if any, due towards him upto 31.07.2025 within a month from today in the bank account of the plaintiff and thereafter, from 01.08.2025 till handing over the possession of the disputed property, the defendant shall continue to deposit the monthly mesne-profit, as agreed between the parties vide order dt.02.03.2022 passed by the Co-ordinate Bench of this Court, in the bank account of the plaintiff by 15 th of each succeeding month. (iii) The defendant-appellant shall not alienate and/or otherwise create third party right or handover possession of the premises, in question to any other person. (iv) If the defendant-appellant fails to deposit the mesne-profit consecutively for four months, the plaintiff shall be at liberty to get executed the decree without any further reference to the Court and to initiate the execution/contempt proceedings against the appellant. (v) The defendant-appellant shall furnish an undertaking on oath incorporating the aforesaid conditions before the [2025:RJ-JP:29223] (3 of 3) [CFA-372/2021] learned trial Court within a period of four weeks from the date of this order with an advance copy to the plaintiff. In case, the defendant-appellant fails to furnish the undertaking as aforesaid within a period of four weeks from today and/ or commits breach of any of the conditions of this order, the plaintiff shall also be entitled to get executed the decree forthwith and obtain possession of the tenanted premises in accordance with law and it will be open for the plaintiff to initiate execution/contempt proceedings against the appellant in the Court as well. With the aforesaid terms, conditions & directions, the first appeal is, accordingly, disposed of. Consequent upon disposal of appeal, the stay application filed therewith does not survive and the same also stands disposed of. (VINOD KUMAR BHARWANI),J. ashok-SAURABH /01