[2025:RJ-JP:4303] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 99/2025 1. Govind Narayan S/o Shri Ramgopal, (Died During The Eviction Petition) Through His Legal Representatives:- -----Original Non-Applicant No.1/ Appellant No.1/Petitioner-Tenant No.1 1/1. Smt. Lalita Devi W/o Late Shri Govind Narayan (Deceased), Address - Shop No. 112, Khanda Purohit Ji Ka, Badi Chaupad, Jaipur. -----Original Non-Applicant No.1/1 Appellant No.1/1/Petitioner-Tenant No.1/1 1/2. Smt. Chanda Mittal W/o Shri Pramod Mittal D/o Shri Govind Narayan Agarwal, Aged About 60 Years, Resident Of Plot No. 2, Pagdiband Farm, Shyamnagar -II, Ajmer Road, Jaipur – Rajasthan. -----Original Non-Applicant No.1/3/ Appellant No.1/2/Petitioner-Tenant No.1/2 2.. Kunjbihari S/o Late Shri Govind Narayan Agarwal, Age- Aroung 67 Years, Address Shop No. 113, Khanda Of Purohit Ji, Badi Chaupad, Jaipur. ---Original Non-Applicant No.2/Appellant No.2/ Petitioner- Tenant No.2 Versus 1. Rajendra Malpani S/o Late Shri Krishandas Malpani, Aged About 56 Years, Resident Of 10, Film Colony, Chauda Rasta, Jaipur. -----Original Applicant No.1/Non-Appellant No.1/Respondent-Landlord No.1 2. Bharat Malpani S/o Late Shri Krishandas Malpani, Aged About 60 Years, Resident Of 10, Film Colony, Chauda Rasta, Jaipur. ----Original Applicant No.2/Non-Appellant No.2/Respondent-Landlord No.2 3. Shri Kishan Agarwal Son Of Late Shri Govind Narayan Agarwal, Age Around 64 Years, Address - Shop No. 112, Khanda Purohit Ji Ka, Badi Chaupad, Jaipur. ----Original Non-Applicant No.1/2 Proforma Non-Appellant No.4/Proforma Respondent No.1 4. Shri Narayan Agarwal Son Of Late Shri Govind Narayan [2025:RJ-JP:4303] (2 of 3) [CW-99/2025] Agarwal, Age Around 62 Years, Address - Shop No. 112, Khanda Purohit Ji Ka, Badi Chaupad, Jaipur. ----Original Non-Applicant No.1/4/Proforma Non-Appellant No.5/ Proforma Respondent No.2 For Petitioner(s) : Mr. Ajeet Bhandari with Mr. Jai Sharma Mr. Mudit Singhvi and Mr. Rahul Sharma For Respondent(s) : Mr. Prateek Mathur with Mr. Abhay Rathore HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 30/01/2025 Learned counsel appearing for the petitioners, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.07.2027) to vacate the premises. Learned counsel appearing for the respondents No.1 and 2 has no objection to the prayer made; he, however, submits that the petitioners may be granted time subject to payment of a sum of ₹5,000/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioners. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioners and are granted time upto 31.07.2027 to hand over vacant and peaceful possession of the rented premises to the respondents No. 1 and 2 subject to following conditions:- 1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioners in the bank account of respondents No. 1 and 2 within a period of four weeks from the date of the order. [2025:RJ-JP:4303] (3 of 3) [CW-99/2025] 2. The petitioners shall pay a sum of ₹5,000/- per month towards mesne profit to the respondents No.1 and 2 from 01.02.2025 till vacation of the rented premises i.e. on or before 31.07.2027, which may be deposited by them in the bank account of the respondents No. 1 and 2 by 10th day of each succeeding month. 3. The petitioners further undertake that they shall not sub-let, assign or part with possession of rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period. 4. The petitioners shall furnish a written undertaking incorporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today. It is made clear that in case, petitioners do not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure their eviction without requiring respondents No.1 and 2 to file a separate execution petition even before aforesaid date and it will also be open for respondents No. 1 and 2 to initiate contempt proceeding in this Court. The stay application also stands disposed of. (MAHENDAR KUMAR GOYAL),J GAURAV/15