[2026:RJ-JP:29284] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 263/2026 CNR: RJHC020476562026 | URN: CSA / 397U / 2026 Rafik Mohammed Agwan Son Of Ramjani, S/o Ramjani, Resident Of Mohalla Gaanv Gher Kaithoon, Tehsil Ladpura, Kota. ----Defendant No.1-Appellant Versus 1. Smt Kripa Devi Wife Of Ganesh Chand, Resident Of Indra Market, Ward Brijrajpura, Kota (Raj.). ----Plaintiff-Respondent 2. Osaf Ali Agwan Son Of Ramjani S/o Ramjani, Resident Of Bhato Ki Babadi Ke Pass, Mohalla Gaanv Gher Kaithoon, Tehsil Ladpura, Deceased Through Lrs- 2/1. Kherunnisha, W/o Late Shri Osaf Ali, aged about 58 years, 2/2. Zakir Hussain Son Of Late Osaf Ali, Aged About 38 Years, Both Are Resident Of Mohalla Talheti, Ward No. 7, Kaithoon, Kota (Raj.). ----Defendant No.2-Performa Respondents For Appellant(s) : Mr. Anil K. Sharma For Respondent(s) : Mr. D.N. Sharma HON'BLE MR. JUSTICE MANEESH SHARMA Order 28/07/2026 1. The present Second Appeal has been filed by the appellant under Section 100 of the CPC, assailing the judgment and decree dated 13.04.2026 passed by the learned Additional District Judge No.1, Kota (Raj.), in Civil Regular Appeal No.04/2017 (CIS No.04/2017) titled as 'Rafiq Mohammad Agwan & Anr. vs. Smt. Kripa Devi', whereby the Court below dismissed the appeal and upheld the judgment and decree dated 05.12.2016 passed by the [2026:RJ-JP:29284] (2 of 3) [CSA-263/2026] learned Additional Civil Judge No.1 (North), Kota, in Civil Suit No.146/1995, wherein the suit for eviction and recovery of rent filed by the plaintiff/respondents, was decreed. 2. Learned counsel for the appellant, upon instructions of his client, submits that the appellant does not wish to press the present Second Appeal on merits, and would be satisfied if he is granted a reasonable time of one and half years to vacate the tenanted premises. 3. Learned counsel for the respondents, upon instructions from his client, submits that he has no objection if the time prayed for by the appellant, to vacate the suit premises, is granted. 4. Heard. 5. In view of the above, and with the mutual consent of the parties, this second appeal is disposed of with the following directions: "(i) The appellant shall be entitled to continue in possession of the suit premises until 28.02.2028, but not beyond, on the condition that the appellant shall hand over vacant and peaceful possession of the premises to the respondent on or before that date i.e. 28.02.2028. (ii) The appellant shall pay or deposit entire arrears of rent upto 31.07.2026 @ Rs.200/- per month within one month from today into the bank account of the respondent. From August, 2026 onwards until the date of actual vacation, the appellant shall pay or deposit the mesne profits at the rate of Rs. 1,000/- per month in the respondent's bank account by the 15th day of each month. (iii) The appellant shall not sublet, create any third-party rights, or hand over possession of the tenanted premises to any other person. (iv) If the appellant 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 appellant shall submit an undertaking duly supported with an affidavit, incorporating the above conditions, before the learned trial Court i.e. Additional Civil Judge No.1 (North), Kota, within four [2026:RJ-JP:29284] (3 of 3) [CSA-263/2026] 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 appellant fails to vacate the premises by 28.02.2028, the respondent may initiate contempt proceedings for breach of undertaking or non-compliance." 6. Accordingly, the present second appeal stands disposed of, with the aforesaid directions. 7. The stay application and all other pending applications, if any, also stand disposed of as not pressed. (MANEESH SHARMA),J 5/VINAY