[2025:RJ-JP:40945] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 353/2005 Kishan S/o Shri Hot Chand Panwala, Property No. 32/1264, Near Lahor Confessionary, Near Ajanta Cinema, Nasirabad Road, Ajmer ----Defendant/Appellant Versus 1. Rafiq Ahamad 2. 2/1. 2/2. 2/3. Jamil Ahamad Deceased Through His Lrs:- Khurshid Ahamad S/o Late Jameel Ahamad Atik Ahamad S/o Late Jameel Ahamad Both resident of House No.1259/32, Dadabhai Colony, near Ajanta Cinema, Nisarabad Road, Ajmer. Khurshida Bano W/o Mohd. Rafiq D/o Jamil Ahamad, r/o House No.1259/32, Dadabhai Colony, Near Ajanta Cinema, Nasirabad Road, Ajmer ----Plaintiff/Respondents For Appellant(s) : Mr. Lokesh Tiwari on behalf of Mr. M. M. Ranjan, Sr. Adv. For Respondent(s) : Mr. Akash Gupta HON'BLE MR. JUSTICE MANEESH SHARMA Order 08/10/2025 1. The instant Civil Second Appeal has been filed by the appellant under Section 100 of the Code of Civil Procedure, assailing the judgment dated 04.05.2005 passed by the learned Additional District & Sessions Judge No.2, Ajmer, in Civil Appeal No. 20/1998 (94/98), whereby the judgment and decree dated 23.04.1998 passed by the learned Civil Judge (Junior Division), Ajmer, in Civil Suit No. 81/1986 was reversed and the appeal filed by the respondents was allowed. [2025:RJ-JP:40945] (2 of 3) [CSA-353/2005] 2. After arguing at some length, learned counsel for the appellant, upon instructions from his client, states that he does not wish to press the present civil second appeal on merits, with a limited prayer that the appellant may be granted a reasonable time upto 31.12.2026 to vacate the tenanted premises. 3. Learned counsel for the respondents, upon instructions from his clients, states that he has no objection to such granting of time as prayed by the appellant to vacate the tenanted premises. 4. Heard and considered the submissions made at bar. 5. In view of the above, and with the mutual consent of the parties, this second appeal is disposed of with the following directions: "(i) The appellant shall be entitled to continue in possession of the suit premises until 31.12.2026, but not beyond, on the condition that the appellant shall hand over vacant and peaceful possession of the premises to the respondents on or before that date i.e. 31.12.2026. (ii) The appellant shall pay or deposit entire arrears of rent/mesne profit, if any, due up to 31.10.2025 within one month from today into the bank account of the respondents. From November 2025 onwards until the date of actual vacation, the appellant shall continue to pay or deposit the mesne profit at the rate of Rs. 1,000/- per month in the respondents' bank account by the 15th day of each month. (iii) The appellant shall not sublet, create any third-party rights, or hand over possession of the tenanted premises to any other person. (iv) If the appellant fails to deposit mesne profit for two (2) consecutive months, the respondents shall be entitled to execute the decree without further reference of this Court. (v) The appellant shall submit an undertaking duly supported with an affidavit, incorporating the above conditions, before the learned trial Court within four weeks from the date of this order. Non- compliance or breach of any condition mentioned hereinabove shall empower the respondents to execute the decree immediately and take possession of the premises in accordance with law. [2025:RJ-JP:40945] (3 of 3) [CSA-353/2005] (vi) If the appellant fails to vacate the premises by 31.12.2026, the respondents may initiate contempt proceedings for breach of undertaking or non-compliance." 6. Accordingly, the present Civil Second Appeal stands disposed of as not pressed, with the aforesaid directions. 7. The stay application and all other pending applications, if any, also stand disposed of as not pressed. (MANEESH SHARMA),J Seema/19