[2025:RJ-JP:19467] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 530/2002 1. Mitthan Lal Garg S/o Shri Gorelal Garg Deceased, 78A/26, New Basti Ramganj, Ajmer 2. Rajesh Garg S/o Late Shri Mitthan Lal Garg, 78A/26, New Basti Ramganj, Ajmer 3. Anil Garg S/o Late Shri Mitthan Lal Garg, 78A/26, New Basti Ramganj, Ajmer 4. Harish Garg S/o Late Shri Mitthan Lal Garg, 78A/26, New Basti Ramganj, Ajmer 5. Roopandra Garg S/o Late Shri Mitthan Lal Garg, 78A/26, New Basti Ramganj, Ajmer 6. Smt. Shashi D/o Late Shri Mitthan Lal Garg, 78A/26, New Basti Ramganj, Ajmer 7. Smt. Madhu D/o Late Shri Mitthan Lal Garg, 78A/26, New Basti Ramganj, Ajmer ----Appellants Versus 1. Narendra Kumar S/o Late Shri Panna Lal, Ramganj, Ajmer 2. Jai Kishore S/o Late Shri Panna Lal, Ramganj, Ajmer ----Respondents For Appellant(s) : Mr. M.M. Ranjan, Sr. Adv. with Mr. Lokesh Tiwari For Respondent(s) : Mr. Reasham Bhargava HON'BLE MR. JUSTICE MANEESH SHARMA Order 07/05/2025 1. The instant Civil Second Appeal under Section 100 CPC has been filed by the defendants-appellants against the judgment and decree dated 09.10.2002 passed by learned Additional District & Sessions Judge No.3, Ajmer in Civil Regular Appeal No.25/2001, whereby the learned Appellate Court reversed the judgment and [2025:RJ-JP:19467] (2 of 3) [CSA-530/2002] decree dated 31.03.2001 passed by learned Civil Judge Ajmer City (West) in Civil Suit No.326/62 by which a decree of eviction has been passed against the appellants. 2. 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. 3. Learned counsel appearing for the respondent Mr. Reasham Bhargava on instructions of his client has no objection in granting the time as prayed for by the appellants for vacating the tenanted premises. 4. 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 uptill 30th April, 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 30th April, 2027. 2. The appellants shall deposit arrears of mesne profit, if any, due towards them up to 30th April, 2025 at the rate of Rs.11/- per month within a period of one month from today in the bank account of the respondents and thereafter, from the month of May 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. [2025:RJ-JP:19467] (3 of 3) [CSA-530/2002] 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 months, the respondents shall be at liberty to execute the decree without any further reference to the Court. 5. Further, the appellants shall submit an undertaking on oath incorporating the aforesaid conditions before learned Trial Court 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 conditions 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 30.04.2027 then it will be open for the respondent-plaintiff to initiate contempt proceedings in this Court for the breach of undertaking or non-compliance of the order. 6. The present second appeal is dismissed as not pressed with the aforesaid directions. 7. The stay application/application under order 41 rule 27 CPC as well as all other pending application(s), if any, are also stand disposed of as not pressed. (MANEESH SHARMA),J Seema -5