[2025:RJ-JP:30490] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 56/2025 1. Rajjak S/o Lallu Khan, R/o Nagar Sethji Ki Haveli, Sawaimadhopur (Since Deceased) Next Friends His Wife Nawab Begam. 1/1. Abdul Hakeem, Aged About 60 Years, R/o Near Police Chowki, City Sawai Madhopur. 1/2. Abdul Saleem, Aged About 56 Years, R/o Near Police Chowki, City Sawai Madhopur. 1/3. Abdul Rais Babu, Aged About 53 Years, R/o Near Police Chowki, City Sawai Madhopur. 1/4. Naim Babu, Aged About 50 Years, R/o Near Police Chowki, City Sawai Madhopur. 1/5. Rajiya Sultan, Aged About 47 Years, R/o Near Police Chowki, City Sawai Madhopur. 1/6. Nawab Begam Widow, Aged About 75 Years, R/o Near Police Chowki, City Sawai Madhopur. ----Appellants Versus 1. Nagendra Kumar S/o Shyamlal, R/o-Nagar Seth Ji Ki Haveli, Sawai Madhopur. 2. Dhananjay Kumar S/o Shyamlal, (Since Deceased), 2/1. Smt. Chitra W/o Dhananjay, R/o Nagar Seth Ji Ki Haveli, Sawai Madhopur. 2/2. Shashank S/o Dhananjay, R/o Nagar Seth Ji Ki Haveli, Sawai Madhopur. 2/3. Sudhanshu S/o Dhananjay, R/o Nagar Seth Ji Ki Haveli, Sawai Madhopur. 2/4. Prashant S/o Dhananjay, R/o Nagar Seth Ji Ki Haveli, Sawai Madhopur. 2/5. Ragini Jain D/o Dhananjay, R/o Nagar Seth Ji Ki Haveli, Sawai Madhopur. 2/6. Jayant S/o Dhananjay, R/o Nagar Seth Ji Ki Haveli, Sawai Madhopur. ----Respondents [2025:RJ-JP:30490] (2 of 4) [CSA-56/2025] For Appellant(s) : Mr. Manoj Kumar Bhardwaj, Adv. For Respondent(s) : Mr. L L Gupta, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 07/08/2025 This civil second appeal has been filed by the appellants- defendants (for short 'the defendants') against the judgment and decree dated 08.10.2024 passed by Additional District Judge, Sawai Madhopur (for short 'the first appellate Court') in civil regular appeal No.56/2016, whereby the first Appellate Court dismissed the appeal filed by the defendants and affirmed the judgment and decree dated 31.08.2016 passed by the Senior Civil Judge, Sawai Madhopur (for short 'the trial Court') in civil suit No.46//2009 (07/1982) by which the plaintiffs' suit for eviction, recovery of rent and mesne profit has been decreed. Without going into merit of the case, at the very outset, learned counsel for the defendants submits that 1.5 years’ period may be granted to the defendants to vacate the suit premises. Learned counsel appearing for the plaintiffs, on instructions of his client, has no objection in granting the period 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 28.02.2027 but not beyond that, subject to the condition that they will hand over the vacant and [2025:RJ-JP:30490] (3 of 4) [CSA-56/2025] peaceful possession of the premises to the plaintiffs on or before 28.02.2027. (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 plaintiffs and thereafter, from 01.08.2025, till handing over the possession of the disputed property, the defendants shall continue to deposit the rent/mesne profit at the rate so fixed by the trial Court in the bank account of the plaintiffs by 15th of each succeeding month. The plaintiffs shall furnish their 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 plaintiffs shall be at liberty to get the decree executed 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 plaintiffs 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 [2025:RJ-JP:30490] (4 of 4) [CSA-56/2025] for the plaintiffs 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 Tahir/6