HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 10/2026 Naresh Kumar Soni S/o Late Shri Narayan Sahay Soni, Business Address- House No. 1571 Modani Bhawan Jat Kue Ka Rasta, Chandpol Bazar Jaipur Me Nirmit Dukan J-4, Purav Mukhi. ----Petitioner Versus Abhishek Kumar Modani S/o Shri Naveen Prasad Modani, House No. 1571 Modani Bhawan Jat Kue Ka Rasta, Chandpol Bazar Jaipur Rajasthan. ----Respondent For Petitioner(s) : Mr. R.B. Sharma For Respondent(s) : Mr. Rahul Ghiya JUSTICE ANOOP KUMAR DHAND Order 20/01/2026 1. By way of filing this misc. application, the petitioner is seeking extension of time for submission of the undertaking in compliance of the order dated 08.05.2025 passed by this Court while deciding S.B. Civil Writ Petition No. 3160/2025. 2. Counsel for the petitioner submits that S.B. Civil Writ Petition No. 3160/2025 was disposed of by this Court with the following directions in para 5:- “1. The petitioner shall be entitled to continue in possession of the suit premises till 01.12.2026 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the rented premises to the respondent on or before 01.12.2026. 2. The petitioner shall deposit the arrears of rent, due, if any, within a period of three months from today and shall continue to deposit three times of the monthly rent in the Bank account of the respondent by 15th day of each successive month. 3. The petitioner shall not alienate or otherwise create third party right or hand over the possession of the rented premises in question to anyone. (2 of 2) [WMAP-10/2026] 4. In case the petitioner fails to deposit the rent consecutively for a period of four months, the respondent shall be at liberty to execute the order passed by the Rent Tribunal without further reference to the Court. “ 3. Counsel submits that in terms of the directions issued by this Court, the petitioner was supposed to submit an undertaking before the trial Court in the light of the above terms and conditions. Counsel submits that slight delay of two days has occurred to submit the undertaking before the trial Court on account of receipt of the certified copy of the order and due to summer vacation. Counsel prays slight delay in filing the undertaking before the trial Court be condoned. 4. Counsel appearing on behalf of the respondent submits that he has no instruction as the respondent has taken the file from his office, after disposal of the writ petition. 5. Looking to the limited prayer made by counsel for the petitioner and looking to the fact that there is a slight delay of two days in filing the undertaking, this Court does not deem it just and proper to issue notice to the respondent. 6. Considering the overall facts and circumstances of the case, instant misc. application stands allowed for the reasons stated therein. 7. Accordingly, the trial Court is directed to take the undertaking so furnished by the petitioner on record, in terms of the order dated 08.05.2025 passed by this Court while deciding S.B. Civil Writ Petition No. 3160/2025 ignoring the period of delay. (ANOOP KUMAR DHAND),J Ashu/28