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2026 DAILYLAW 3170 (RAJ)

NARESH KUMAR SONI S/O LATE SHRI NARAYAN SAHAY SONI v. ABHISHEK KUMAR MODANI S/O SHRI NAVEEN PRASAD MODANI

WMAP/321/2025 · 2026-04-23

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:17286] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No.321/2025 In S.B. Civil Writ Petition No.3160/2025 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 Ganthola For Respondent(s) : Mr. Rahul Ghiya JUSTICE ANOOP KUMAR DHAND Order 23/04/2026 1. By way of filing the instant writ misc. application, a prayer has been made to clarify/modify the order dated 08.05.2025 passed by this Court, while deciding S.B. Civil Writ Petition No.3160/2025. 2. Learned counsel for the petitioner submits that against the orders of eviction passed by the Rent Tribunal and the Appellate Rent Tribunal, S.B. Civil Writ Petition No.3160/2025 was submitted by the petitioner before this Court. However, on instructions, from the petitioner, a request was made to the Court for granting some reasonable time to vacate the premises, which is commercial in nature, instead of pressing the writ petition on merits. [2026:RJ-JP:17286] (2 of 3) [WMAP-321/2025] 3. Considering the above request made by counsel for the petitioner, this Court ordered the petitioner to vacate the premises within a period of two years. Learned counsel submits that inadvertently due to certain typographical error, a mistake has been crept in the order dated 08.05.2025, whereby the period of two years for vacating the premises was typed out as one and half years. Hence, the aforesaid fact may kindly be clarified and the order dated 08.05.2025 be modified to this extent only. 4. Per contra, learned counsel appearing on behalf of the respondent opposed the prayer made by learned counsel for the petitioner and submitted that this Court had not granted two years time to the petitioner to vacate the premises, rather the time granted by this Court to vacate the premises was one and half years. Hence, the instant application is liable to be rejected. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. It transpires to the Court, from the record, that two years time was granted to the petitioner to vacate the premises, but because of certain typographic error, the aforesaid bonafide mistake has been crept in the order dated 08.05.2025 and the words “two years” came to be typed as “one and half years”. 7. Considering the above inadvertent error occurred due to typographical mistake, this Court deems it just and proper to clarify/modify the order dated 08.05.2025 passed by this Court while deciding the aforesaid writ petition. Accordingly, it is directed that the petitioner would vacate the premises on or before 01.06.2027 instead of 01.12.2026. However, it is made [2026:RJ-JP:17286] (3 of 3) [WMAP-321/2025] clear that the other terms and conditions of the order dated 08.05.2025 shall remain intact. 8. Accordingly, the instant writ misc. application stands disposed of. It is ordered that present order shall be treated as part and parcel of the order passed by this Court on 08.05.2025. (ANOOP KUMAR DHAND),J Karan/73