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2025 DAILYLAW 6658 (RAJ)

RAJESH GAHALOT SON OF SHRI OM PRAKESH GAHALOT v. GOODWIN CHARLE SON OF SHRI CHARLE

WMAP/37/2025 · 2025-02-13

Anil Kumar Upman

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 37/2025 Rajesh Gahalot Son Of Shri Om Prakesh Gahalot ----Petitioner Versus Goodwin Charle Son Of Shri Charle ----Respondent For Petitioner(s) : Mr. Rajesh Kapoor For Respondent(s) : Mr. Melvin Charlie HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/02/2025 Vide order dated 20.12.2024 the writ petition (No.10892/2024) filed on behalf of the petitioner–tenant, was dismissed with the following observations. “In view of the above deliberation, I find no perversity in the findings as recorded by the learned trial Judge as also the learned appellate Judge. The petition is devoid of merits. It is accordingly, dismissed. The petitioner is directed to hand over the vacant possession of the premises to the respondents within a period of eight weeks from today. Simultaneously, respondent-applicant will pay Rs.1,50,000/- to the petitioner-tenant at the time of taking possession of the property in question.” Now, the petitioner-tenant has filed this misc. application seeking additional time for vacation of the subject premises on the ground that he is searching for a suitable shop where he could (2 of 2) [WMAP-37/2025] shift his business but inspite of all efforts, he is having difficulties in winding up and shifting of the shop. Learned counsel for the respondent opposes the prayer for extension of time. He submits that the petitioner is lingering on in vacating the premises on one or the other ground. He however, submits that if the petitioner undertakes to vacate the premises within the additional/extended time period, granted by this Court, he would not oppose the same but thereafter, in any event, he has to vacate the premises and handover its possession. Considering the submission advanced by both the parties, I deem it just and proper to grant some additional time upto 31.05.2025 to the petitioner-tenant to handover the possession of the subject premise to the respondent landlord. It is made clear that it would be the last time limit for the petitioner to vacate the premises. Thereafter, no further time will be granted to him for this purpose. The petitioner is directed to furnish an undertaking before the court concerned to the effect that he shall handover the vacant premises to the respondent by 31.05.2025 and would not seek any further time for vacation of the premises. The misc. application stands allowed accordingly. (ANIL KUMAR UPMAN),J GAUTAM JAIN /479