[2025:RJ-JP:28069] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 708/2017 Smt. Narbad Devi W/o Shri Vishvnath Pareek, R/o Ward No. 04, Chirawa, Tehsil Chirawa, District Jhunjhunu Rajasthan ----Appellant Versus 1. Kashiram Pareek S/o Late Shri Hari Ram Pareek, R/o Ward No. 05, Chirawa, Tehsil Chirawa, District Jhunjhunu Deceased Through Legal Representatives 1/1. Sunil Kumar Pareek S/o Late Shri Kashiram Pareek 1/2. Pradeep Kumar Pareek S/o Late Shri Kashiram Pareek ----Respondents For Appellant(s) : Mr. M.M. Ranjan, Sr. Adv with Mr. Lokesh Tiwari, Adv. For Respondent(s) : Ms. Anita Aggarwal, Adv. Mr. Vibhanshu Sharma, Adv. Mr. Laxmikant Tailor, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 25/07/2025 This civil second appeal has been filed by the appellant- plaintiff (for short 'the plaintiff') against the judgment and decree dated 09.08.2017 passed by Additional District Judge, Chirawa, District Jhunjhunu (for short 'the first appellate Court') in civil regular appeal No.45/2016, whereby the first Appellate Court allowed the appeal filed by the respondents-defendants (for short ‘the defendants’) and set aside the judgment and decree dated 19.10.2004 passed by the Civil Judge (Jr. Div.) Chirawa, District Jhunjhunu (for short 'the trial Court') in civil suit No.121/1992, by [2025:RJ-JP:28069] (2 of 3) [CSA-708/2017] which the trial Court decreed the plaintiff’s suit for eviction, recovery of rent and mesne profit. Without going into merit of the case, at the very outset, learned counsel for the defendants submits that 18 months’ 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 the defendants shall be entitled to continue in possession of the premises uptill 31.01.2027 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 31.01.2027. (ii) The defendants shall deposit the mesne profit within a month from today in the bank account of the plaintiff. (iii) The defendants shall also pay/deposit the monthly rent of the rented premises at the rate so fixed by the trial court on month to month basis from August, 25 and shall continue to deposit the monthly rent at the said rate in the bank account of the plaintiff by 15th of each succeeding month. The plaintiff shall furnish bank account details to the defendants/their counsel within 10 days from today. (iv) The defendants shall not alienate or otherwise create third party right and/or handover the possession of the suit premises to any other person. [2025:RJ-JP:28069] (3 of 3) [CSA-708/2017] (v) If the defendants fail to deposit/pay the mesne profit and/or 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 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 be entitled to get executed the decree forthwith and obtain possession of the suit premises in accordance with law and it will also be open for the plaintiff to initiate contempt proceedings as against the defendants in the Court. The second appeal stands disposed of accordingly. Pending application(s), if any, also stand(s), disposed of. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /112