Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 37792 (RAJ)

SHANKAR LAL SAINI S/O LATE KALYANMAL SAINI v. SMT. NAGINA PATOLIYA W/O SHRI DHARAMCHAND PATOLIYA

CW/17726/2025 · 2025-12-01

Bipin Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:48770] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17726/2025 Shankar Lal Saini S/o Late Kalyanmal Saini, Aged About 60 Years, R/o House No. 2323, Dai Ki Gali, Girdharilal Ji Bhargav Ka Makan, Ghee Walon Ka Rasta, Johari Bazar, Jaipur (Rajasthan). ----Petitioner Versus 1. Smt. Nagina Patoliya W/o Shri Dharamchand Patoliya, R/o Patoliya House, New Colony, Near Paanch Batti, Jaipur, (Rajasthan). 2. Ramkumar Saini S/o Late Kalyanmal Saini, R/o House No. 2323, Dai Ki Gali, Girdharilal Ji Bhargav Ka Makan, Ghee Walon Ka Rasta, Johari Bazar, Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Suresh Kumar Sahni Mr. Ram Mohan Sharma For Respondent(s) : Mr. R.K. Daga HON'BLE MR. JUSTICE BIPIN GUPTA Order 01/12/2025 1. Mr. R.K. Daga appears on behalf of respondent No.1. 2. Service of respondent No.2 is waived off, on request of learned counsel for the petitioner, at his risk and cost. 3. The present writ petition is not being pressed by learned counsel for the petitioner, with a prayer that, if some reasonable time is granted to him to vacate the premises. 4. Learned counsel for the respondent, upon instructions from his client, submits that he has no objection, if the time prayed for by the petitioner, to vacate the tenanted premises, is granted. 5. On consent of the parties, petitioner is granted two years & one month time to vacate the premises. On the following consented terms: [2025:RJ-JP:48770] (2 of 2) [CW-17726/2025] (i). The petitioner will vacate the premises on or before 31.12.2027. (ii). The petitioner shall pay all the arrears of the rent as per the decree within a period of four weeks. (iii). Petitioner undertakes to pay mesne profit @ Rs.7,000/- per month from 01.12.2025. (iv). Petitioner is directed to file an undertaking before the learned Rent Tribunal, to the effect that he will vacate the premises, on or before 31.12.2027 and further to the effect that he will continue to pay the mesne profit @ Rs.7,000/-, per month till vacation of the premises and further he will not sub-let or create any alteration in the disputed premises. (v). The mesne profit, which is to be paid from 01.12.2025 shall be paid by the petitioner by 15th day of the succeeding month. If he makes default for three consecutive months in payment of the mesne profit, then the respondent shall be entitled to execute the decree. (vi). If the order passed by this Court is not complied with by the petitioner, then he will be liable for contempt of Courts proceedings. 6. With the above observations, the present Civil Writ Petition stands disposed of. 7. All pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J MAHIMA/26