[2025:RJ-JP:22047] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 14/2003 Rameshwar Lal (Deceased) 1/1 Ram Prasad Khendelwal son of late Shri Rameshwar Lal Resident of 25/9, Gurunanakganj, near Government Subhash Secondary School, Ajmer. 1/2 Suresh Prakash Khandelwal son of Late Shri Rameshwar Lal, Resident of 1/218, Vidhadhar Nagar, Jaipur. 1/3 Smt. Prem Devi Gupta Wife of Shri Chandra Prakash Gupta, daughter of Late Shri Rameshwar Lal, Resident of 33/416, Near Andheri Pulia, Pal Beechhala, Ajmer. 1/4 Smt. Sunita Wife of Shri Raj Kumar Khandelwal, daughter of late Shri Rameshwar Lal, Resident of New Anaj Mandi Road, Dausa. ----Defendants-Appellants Versus 1. Shri Amarnath (Deceased) 1/1 Smt. Sundar Devi Wife of Late Shri Amar Nath 1/2 Tilak Rai Son of Late Shri Amar Nath 1/3 Gopal Kishan Son of Late Shri Amarnath 1/4 Gyanchand Son of Late Shri Amarnath 1/5 Girdhar Gopal Son of Late Shi Amarnath 1/6 Ghanshyam Son of Late Shri Amarnath 1/7 Harish Son of Late Shri Amarnath 1/8 Sunil Son of Late Shri Amarnath 1/9 Vijay Son of Late Shri Amarnath All Resident of AMC No. 9/157, Dadi Maa Bhawan Ganj, Ajmer. 2. Shri Om Prakash Son of Late Shri Biharilal, Resident of AMC No. 9/157, Ajmer. Dadi Maa Bhawan Ganj, Ajmer. 3. Smt. Raj Kumari @ Raj Kumar Wife of Late Shri Jagannath, Resident of AMC No. 9/157, Dadi Maa Bhawan Ganj, Ajmer. 4. Shri Rajnath Son of Late Shri Jagannath, Resident of AMC No. 9/157, Dadi Maa Bhawan Ganj, Ajmer. [2025:RJ-JP:22047] (2 of 4) [CSA-14/2003] 5. Shri Sankarraj Sethi Son of Late Shri Jagannath, Resident of AMC No. 9/157, Dadi Maa Bhawan Ganj, Ajmer. 6. Shri Jasraj Son of Late Shri Jagannath, Resident of AMC No. 9/157, Dadi Maa Bhawan Ganj, Ajmer. ----Plaintiffs-Respondents For Appellant(s) : Mr. M.M. Ranjan, Sr. Adv. For Respondent(s) : Mr. R.K. Mathur, Sr. Adv. with Mr. Aayush Goyal Mr. Lucky Sharma HON'BLE MR. JUSTICE MANEESH SHARMA Order 26/05/2025 1. The instant Civil Second Appeal under Section 100 CPC has been filed by the defendants-appellants against the judgment and decree dated 15.11.2002 passed by learned Additional District & Sessions Judge No.3, Ajmer in Civil Appeal No.197/2001, whereby learned court dismissed the appeal of the appellant and allowed the cross objection filed by the plaintiffs-respondents and confirmed the judgment and decree dated 26.05.1995 passed by learned Civil Judge (Jr. Division), South Ajmer in Civil Suit No.153/87 by which a decree of eviction has been passed against the appellants. 3. Learned senior counsel for the appellants Mr. M.M. Ranjan after arguing the matter at some length, on instruction of his client, has not pressed this appeal on merits. The only prayer made by him is that time of two years may kindly be granted to the appellants to vacate the tenanted premises. [2025:RJ-JP:22047] (3 of 4) [CSA-14/2003] 4. Learned counsel appearing for the respondents Mr. R.K. Mathur on instructions of his client has no objection in granting the time as prayed for by the appellants for vacating the tenanted premises. 5. In view of the aforesaid submission of learned counsel for the parties, this second appeal is being decided in the following terms:- 1. The defendants-appellants shall be entitled to continue in possession of the suit premises uptil 1st June, 2027 but not beyond that, subject to condition that they will hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 1st June, 2027. 2. The appellant shall deposit arrears of mesne profit, if any, due towards them up to 30th May, 2025 at the rate of Rs.20/- per month within a period of four weeks from today in the bank account of the respondents and thereafter, from the month of June 2025, till the date of vacation of tenanted premises the appellants shall continue to deposit the mesne profit at the rate of Rs.5,000/- in the bank account of the respondents by 15th of each month. 3. The appellants shall not sublet or otherwise create third party right or hand over possession of the tenanted premises in question to any other person. 4. If the appellants fail to deposit the mesne profit consecutively for four weeks, the respondents shall be at liberty to execute the decree without any further reference to the Court. 6. Further, the appellants shall submit an undertaking on oath incorporating the aforesaid conditions before learned Trial Court [2025:RJ-JP:22047] (4 of 4) [CSA-14/2003] within a period of four weeks from the date of this order. In case, the appellants fail to submit the undertaking as aforesaid within four weeks from today and/or commit breach of any of the condi- tions of this order, the respondents shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law. In case the appellant fails to vacate the tenanted premises on 01.06.2027 then it will be open for the respondents-plaintiffs to initiate contempt proceedings in this Court for the breach of undertaking or non-compliance of the order. 7. The present second appeal is dismissed as not pressed with the aforesaid directions and the impugned orders dated 15.11.2002 passed by learned Additional District & Sessions Judge No.3, Ajmer and 26.05.1995 passed by learned Civil Judge (Jr. Division), South Ajmer are confirmed. 8. All the pending application(s), if any, are also stand disposed of, as not pressed. (MANEESH SHARMA),J Deepa-21