[2025:RJ-JP:45803] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3586/2024 Rakesh Kumar Son Of Shri Vijay Lal, Aged About 65 Years, Resident Of Shop No. 28, Behind Shastri Market, Bees Dukan, Adarsh Nagar, Jaipur. ----Petitioner Versus 1. Dilip Kumar Son Of Krishna Kumar, Aged 44 Years, 2. Rajesh Tahalyani, Aged 40 years, Sons Of Krishna Kumar, Resident Of Shop No. 392, Behind Shastri Market, Bees Dukan, Adarsh Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Madhuker Sharma For Respondent(s) : Mr. Brijendra Singh Kachhawa HON'BLE MR. JUSTICE MANEESH SHARMA Order 13/11/2025 1. The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India, assailing the impugned order dated 08.02.2024 passed by the learned Rent Appellate Tribunal, Jaipur Metropolitan-II, in Rent Appeal No. 17/2023 (CIS No.94/2023) titled as 'Rakesh Kumar vs. Dilip Kumar & Anr.', whereby the appeal filed by the petitioner was dismissed, and the order dated 28.04.2023 passed by the learned Rent Tribunal, Jaipur Metropolitan-II, in Original Application No. 80/2018 (CIS No. 623/2017), titled as 'Dilip Kumar & Anr. vs. Rakesh Kumar' was upheld, whereby the eviction petition filed by the respondent/landlord was allowed. [2025:RJ-JP:45803] (2 of 3) [CW-3586/2024] 2. Learned counsel for the petitioners, upon instructions of his clients, submits that the petitioner does not wish to press the present writ petition on merits, and would be satisfied if he is granted reasonable time of one year to vacate the suit premises. 3. 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 suit premises, is granted. 4. Heard. 5. In view of the above, and with the mutual consent of the parties, this civil writ petition is disposed of with the following directions: "(i) The petitioner shall be entitled to continue in possession of the suit premises until 31.10.2026, but not beyond, on the condition that the petitioner shall hand over vacant and peaceful possession of the premises to the respondent on or before that date i.e. 31.10.2026. (ii) The petitioner shall pay or deposit entire arrears of rent, if any, and further pay rent due from 01.11.2023 up to 31.10.2025 at the rate of Rs.3,600/- per month within sixty (60) days from today into the bank account of the respondent. From 01.11.2025 onwards until the date of actual vacation, the petitioner shall continue to pay or deposit the mesne profits at the rate of Rs. 3,600/- per month in the respondent's bank account by the 15th day of each month. (iii) The petitioner shall not sublet, create any third-party rights, or hand over possession of the tenanted premises to any other person. (iv) If the petitioner fail to deposit the mesne profits for two (2) consecutive months, the respondent shall be entitled to execute the decree without further reference of this Court. (v) The petitioner shall submit an undertaking duly supported with an affidavit, incorporating the above conditions, before the learned Rent Tribunal within four weeks from the date of this order. Non-compliance or breach of any condition mentioned [2025:RJ-JP:45803] (3 of 3) [CW-3586/2024] hereinabove shall empower the respondent to execute the decree immediately and take possession of the premises in accordance with law. (vi) If the petitioner fail to vacate the premises by 31.10.2026, the respondent may initiate contempt proceedings for breach of undertaking or non-compliance." 6. Accordingly, the present civil writ petition stands disposed of, 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/49