[2025:RJ-JP:45739] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11701/2024 1. Nemandas Son of Gopaldas, aged about 70 Years, Resident of Shiv Bhawan Ke Niche, Sudar Dharmshala Ke Samne, Subji Mandi, Kota (Raj.) 2. Hashmatrai Chenanai @ Anshu Son of Gopaldas, aged about 64 Years, Resident of House No. 68, Chitragupt Colony, Mahaveer Nagar Third, Kota (Raj.) (Name Deleted) ----Petitioners Versus 1. Smt. Sushila Wife of Late Shri Ramsharan, aged about 70 Years, Resident of Sundar Dharmshala Ke Pass, Shiv Bhawan, Subji Mandi, Kota (Raj.) (Since deceased through LR's):- 1/1. Rajendra Kumar Sharma son of Late Shri Ramsharan, aged about 49 years, 1/2. Vijay Kumar Sharma son of Late Shri Ramsharan, aged about 44 years, Both are residents of Sundar Dharmshala Ke Pass, Shiv Bhawan, Subji Mandi, Kota (Raj.) ----Respondent For Petitioner(s) : Mr. Anil. K. Sharma For Respondent(s) : Mr. Rajneesh Gupta HON'BLE MR. JUSTICE MANEESH SHARMA Order 13/11/2025 1. Matter has come up on an application (IA No.2/2025) for taking legal representatives of the deceased respondent-Smt. Sushila, on account of her death. 2. For the reasons mentioned in the application, the same is allowed, legal representatives of the deceased respondent-Smt. [2025:RJ-JP:45739] (2 of 3) [CW-11701/2024] Sushila are taken on record. The amended cause title filed with the application (IA No.2/2025) is also taken on record. 3. With the mutual consent of the parties, the matter was finally heard. 4. The present writ petition has been filed by the petitioners under Article 227 of the Constitution of India, assailing the order dated 21.05.2024 passed by the learned Appellate Rent Tribunal, Kota in Case No.04/2019, whereby the appeal filed by the petitioners has been dismissed as abated, and consequently the order dated 31.08.2018 passed by the learned Rent Tribunal has been confirmed. 5. Learned counsel for the petitioners-tenants, upon instructions of his clients, submits that the petitioners do not wish to press the present writ petition on merits, and would be satisfied if they are granted reasonable time of one year to vacate the tenanted premises. 6. Learned counsel for the respondent-landlord, upon instructions from his client, submits that he has no objection if the time prayed for by the petitioners-tenants, to vacate the tenanted premises, is granted. 7. Heard. 8. 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 petitioners shall be entitled to continue in possession of the suit premises until 31.10.2026, but not beyond, on the condition that the petitioners shall hand over vacant and peaceful possession of the premises to the respondent on or before that date i.e. 31.10.2026. [2025:RJ-JP:45739] (3 of 3) [CW-11701/2024] (ii) The petitioners shall pay or deposit Rs.50,840/- along with entire arrears of rent, if any, and further pay rent due from 31.08.2018 to 28.02.2019 at the rate of Rs.806/- per month, and also pay rent due from 01.03.2019 up to 31.10.2025 at the rate of Rs.2,418/- per month, within 45 days from today into the bank account of the respondent. From 01.11.2025 onwards until the date of actual vacation, the petitioners shall continue to pay or deposit the mesne profits at the rate of Rs. 2,418/- per month in the respondent's bank account by the 15th day of each month. (iii) The petitioners shall not sublet, create any third-party rights, or hand over possession of the tenanted premises to any other person. (iv) If the petitioners fails 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 petitioners 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 hereinabove shall empower the respondent to execute the decree immediately and take possession of the premises in accordance with law. (vi) If the petitioners fails to vacate the premises by 31.10.2026, the respondent may initiate contempt proceedings for breach of undertaking or non-compliance." 9. Accordingly, the present civil writ petition stands disposed of, with the aforesaid directions. 10. All other pending applications, if any, also stand disposed of as not pressed. (MANEESH SHARMA),J SOURAV /41