[2025:RJ-JP:29641] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 350/2022 1. 1/1 1/2 1/3 1/4 1/5 1/6 1/7 Ghanshyam S/o Vishambhar Swarankar, (Deceased) Through Legal Heirs. Rajkumari W/o Ghanmshyam, Aged About 70 Years, R/o Karauli Tehsil And District Karauli. Raju S/o Ghanshyam, Aged About 35 Years, R/o Karauli Tehsil And District Karauli. Bablu S/o Ghanshyam, Aged About 30 Years, R/o Karauli Tehsil And District Karauli. Pradeep S/o Ghanshyama, Aged About 25 Years, R/o Karauli Tehsil And District Karauli. Madan Mohan S/o Ghanshyam, Aged About 23 Years, R/o Karauli Tehsil And District Karauli. Anita D/o Ghanshyam, Aged About 27 Years, R/o Karauli Tehsil And District Karauli. Lachho D/o Ghanshyam, Aged About 24 Years, R/o Karauli Tehsil And District Karauli. 2. Hariom S/o Vishambhar, R/o Karauli Tehsil And District Karauli. 3. Jagdish S/o Vishambhar, R/o Karauli Tehsil And District Karauli. ----Appellants/Defendants Versus Chakrapani S/o Durga Lal, R/o Sadar Bazar, Karauli, Tehsil And District Karauli. ----Respondent/Plaintiff For Appellant(s) : Mr. Raj Kumar Goyal For Respondent(s) : Mr. Hari Krishana Sharma HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment 04/08/2025 This civil second appeal has been filed by the appellants- defendants (for short 'the defendants') against the judgment and [2025:RJ-JP:29641] (2 of 3) [CSA-350/2022] decree dated 02.09.2022 passed by Additional District Judge, Karauli (for short 'the first appellate Court') in civil regular appeal No.267/2007 (92/09), whereby the first Appellate Court allowed the appeal filed by the respondent-plaintiff (for short ‘the plaintiff’) and set aside the judgment and decree dated 06.12.2001 passed by the Civil Judge (J.D), Karauli (for short 'the trial Court') in civil suit No.170/92 qua eviction. Without going into merit of the case, at the very outset, learned counsel for the defendants submits that 2 years’ time may be granted to the defendants to vacate the suit premises. Learned counsel appearing for the plaintiff, on instructions of his client, has no objection in granting the time as prayed by learned counsel for the defendants for vacating the premises. In view of the aforesaid submissions and with the consent of learned counsel for both the parties, this second appeal is being decided in the following terms:- (i) The defendants shall be entitled to continue in possession of the premises uptill 03.08.2027 but not beyond that, subject to the condition that they will hand over the vacant and peaceful possession of the premises to the plaintiff on or before 03.08.2027. (ii) The defendants shall deposit arrears of rent and mesne profit, if any, due towards them 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 defendants shall continue to deposit the mesne profit at the rate so fixed by the trial Court in the bank account of the plaintiff by 15th of each succeeding month. The plaintiff shall [2025:RJ-JP:29641] (3 of 3) [CSA-350/2022] furnish his bank account details to the defendants/ their advocate within 10 days from today. (iii) The defendants shall not alienate or otherwise create third party right and/or handover the possession of the suit premises to any other person. (iv) If the defendants fail to deposit/pay the monthly rent consecutively for four months, the plaintiff shall be at liberty to get executed the decree without any further reference to the court. Further, the defendants shall submit an undertaking on oath incorporating the aforesaid conditions before the learned trial court within four weeks from today. In case, the defendants fail to submit the undertaking as aforesaid within four weeks from today and/or commit breach of any of the conditions of this order, the plaintiff shall also be entitled to execute the decree forthwith and obtain possession of the tenanted premises in accordance with law and it will be open for the plaintiff to initiate contempt proceedings in the Court as well. The second appeal stands disposed of accordingly. Pending application(s), if any, also stand(s), disposed of. (NARENDRA SINGH DHADDHA),J Ritu/47