[2026:RJ-JP:31736] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9166/2026 CNR: RJHC020484062026 | URN: CW / 20376U / 2026 New Pink City Grah Nirman Sehakari Samiti, Farsoiya Market, Bapu Bazaar, Jaipur, Through Its Secretary Krishan Kumar Yadav S/o Sh Jangli Ram Yadav Aged 50 Yrs, Resident Of B-228B, Sumer Nagar Extension, Goyalwas, Mansarovar, Jaipur ----Petitioner Versus 1. Om Prakash, S/o Shri Kundan Lal, Aged About 75 Years, Resident Of Farsoiya Market, Bapu Bazaar, Jaipur. (Deceased During Pendency Of The Appeal) 1/1. Rajendra Khandelwal, S/o Om Prakash (Deceased), Aged About 61 Years, Resident Of Rajdeep Hotel, Farsoiya Market, Bapu Bazaar, Jaipur. ----Respondents For Petitioner(s) : Mr. Madhusudan Singh Rajpurohit For Respondent(s) : Mr. Vipul Jain HON'BLE MR. JUSTICE SUDESH BANSAL Order 12/08/2026 1. Instant writ petition has been filed by petitioner-tenant under Article 227 of the Constitution of India, challenging the judgment dated 18.12.2024 passed in Civil Regular Appeal No.36/2020 by the Appellate Rent Tribunal, Jaipur Metropolitan First, dismissing the appeal and affirming the judgment dated 20.11.2019 passed in Original Application No.733/2005 (637/2007) by the Rent Tribunal, Jaipur (Additional Senior Civil Judge and Additional Chief Metropolitan Magistrate No.1, Jaipur Metropolitan), whereby the application filed by respondent- [2026:RJ-JP:31736] (2 of 3) [CW-9166/2026] landlord has been allowed and petitioner-tenant has been directed to vacate the rented premises. 2. When the matter came up on board on 21.05.2026, following order was passed:- “1. Learned counsel for the petitioner, without pressing the writ petition on merits, submits that he may be granted some time to vacate the premises in dispute. 2. Heard. 3. Let notices be issued to the respondent No.1/1. Rule is made returnable within four weeks. 4. “Dasti” permitted. 5. In the meanwhile, execution of the orders dated 20.11.2019 and 18.04.2024, shall remain stayed till the next date of hearing. 6. Let the copy of this order shall be sent to the respondent No.1/1. 7. List the matter after four weeks.” 3. Counsel for both parties, having instructions from their respective clients, have agreed to grant time to petitioner-tenant up to December, 2027, to vacate and hand over peaceful possession of the rented shop to respondent-landlord, subject to making payment of arrears of rent, if any, at the rate of Rs.425/- per month up to August, 2026, and to pay mesne profits at the rate of Rs.5,000/- per month with effect from September, 2026. 4. In view of the above, instant writ petition stands disposed of on following terms and conditions as agreed between parties:- i) The petitioner-tenant is allowed to continue in possession of rented shop upto 31.12.2027, subject to condition that he shall vacate and hand over possession of rented shop to landlord on or before 31.12.2027. ii) The petitioner-tenant would pay the mesne profit @ Rs.5000/- per month with effect from September, 2026 onwards, till vacation of the rented premises. The arrears of rent for the previous period till August, 2026 @ Rs.425/- per month, if any due, shall also be paid within a period of four weeks. [2026:RJ-JP:31736] (3 of 3) [CW-9166/2026] iii) The petitioner-tenant shall not alienate or otherwise create third party right or hand over possession of rented premises in question to any other person. iv) That petitioner-tenant shall furnish an undertaking incorporating aforesaid conditions, before the trial Court within a period of four weeks, from the date of this order with an advance copy to respondent-landlord. 5. In case, petitioner-tenant fails to submit the undertaking, as aforesaid, and/or commit breach of conditions of this order, respondent-landlord shall be entitled to initiate immediate execution of the order to obtain possession of premises in issue forthwith, in accordance with law, and may also initiate proceedings of contempt for breach of undertaking. 6. Stay application and pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J Sachin Sharma/ S-97