RAMSAHAY SAINI S/O LATE SHRI ANANDILAL SAINI v. LALARAM SAINI S/O LATE SHRI ANANDILAL SAINI
WMAP/408/2026 · 2026-07-20
Anoop Kumar Dhand
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10694 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10694 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 408/2026 URN: WMAP / 788U / 2026 In S.B. Civil Writ Petition No.9883/2023 Ramsahay Saini S/o Late Shri Anandilal Saini, Aged About 78 Years, R/o House No. 5/232, Kala Kuan, Housing Board, Alwar (Raj.). ----Applicant-Petitioner Versus Lalaram Saini S/o Late Shri Anandilal Saini, Aged About 76 Years, R/o Bhairu Ka Chabutra, Alwar (Raj.). ----Non Applicant/Respondent For Petitioner(s) : Mr.Anshuman Saxena For Respondent(s) : Mr.Shantanu Gupta with Mr.Harshit Nehra JUSTICE ANOOP KUMAR DHAND
Order 20/07/2026
1. The instant misc. application has been submitted with the prayer to extend the time to vacate the subject premises in pursuance of the order dated 21.03.2024 passed by this Court.
2.
Learned counsel for the applicant-petitioner submits that the dispute between the parties was settled before the Mediation Centre and it was agreed that the applicant-petitioner would vacate the premises in question on or before 31.07.2026. Counsel submits that on account of medical reasons, the applicant- petitioner remained hospitalized and is still under treatment, therefore, under such circumstances, he could not find any
(2 of 3) [WMAP-408/2026] alternative shop for running his business, hence, some reasonable time may be granted to the applicant-petitioner to vacate the subject premises.
3. A prayer has been made for granting one year additional time to vacate the premises in question.
4. Per contra, learned counsel for the non-applicant-respondent submitted that the shop in question is in tenancy of the petitioner since last more than 50 years and considering the overall facts and circumstances of the case, sufficient time has already been granted to the applicant-petitioner to vacate the subject premises on or before 31.07.2026. Counsel submits that the petitioner was discharged from the hospital on 08.10.2025, hence, the medical condition of the petitioner is seems better as he could have searched for an alternate shop during the time, but the only object of the petitioner is to delay the matter on medical ground, therefore, the instant application is liable to rejected.
5. Heard and considered the submissions made at the Bar and perused the material available on record.
6. Considering the arguments put forward by learned counsel for the applicant-petitioner and looking to the fact that after passing of the order 21.03.2024 by this Court, the petitioner met with some medical emergency and he remained hospitalized for certain time and he is still under treatment.
7. Applying the humanitarian approach, last and final opportunity is granted to the applicant-petitioner to vacate the subject rental premises on or before 30.11.2026.
8. It is made clear that no further request for extension would be entertained in future. In case, the applicant-petitioner fails to
(3 of 3) [WMAP-408/2026] vacate the subject premises, the same would be vacated in compliance with the directions issued by this Court in accordance with law.
9. Accordingly, the instant misc. application stands disposed of. All pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma/52