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2026 DAILYLAW 3688 (RAJ)

AMOLAK S/O SHRI MOOLCHAND v. JAGDISH NARAYAN S/O LATE RAMANAND JI

CW/5085/2026 · 2026-04-20

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:16710] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5085/2026 Amolak S/o Shri Moolchand, Aged About 76 Years, R/o Shop No. A-26, East Line Of Khajane Walo Ka Rasta Under Lakshminath Ji Temple, Chandpole Bazar Chokdi, Topkhana Desh, Jaipur ----Petitioner Versus 1. Jagdish Narayan S/o Late Ramanand Ji, R/o 2427, Lakshmi Niwas, Govindraoji Ka Rasta, Kan Maharaj Ka Bad, Purani Basti, Jaipur (Deceased During Trial Date 20.01.2010) 2. Shivnarayan S/o Jagdish Narayan, Aged About 48 Years, R/o 2427, Lakshmi Niwas, Govindraoji Ka Rasta, Kan Maharaj Ka Bad, Purani Basti, Jaipur. 3. Smt. Rajan Devi W/o Late Shri Jagdish Narayan Soni, Aged About 59 Years, R/o Lakshmi Niwas, Govindraoji Ka Rasta, Kan Maharaj Ka Bad, Purani Basti, Jaipur 4. Shri Badrinarayan Soni S/o Late Shri Jagdish Narayan Soni, Aged About 59 Years, R/o J.b Jewellers, Khajane Walo Ka Rasta, Jaipur. 5. Smt. Sushila Soni W/o Shri Bhawani Shankar Ji Soni, D/o Late Shri Jagdish Narayan Soni, Aged About 58 Years, R/o 2991, Bagru Walo Ka Rasta, Dusra Chauraha, Chandpole Bazar, Jaipur. 6. Smt. Urmila Soni W/o Late Shri Radheshyam Ji Soni, D/o Late Shri Jagdish Narayan Soni, Aged About 57 Years, R/o 2991, Bagru Walo Ka Rasta, Dusra Chauraha, Chandpole Bazar, Jaipur. 7. Smt. Sharmila Soni W/o Shri Lekhraj Ji Soni, D/o Late Shri Jagdish Narayan Soni, Aged About 54 Years, R/o Plot No. 72, Prabhat Colony, Path No.7, Vijaybadi, Sikar Road, Jaipur (Raj.) 8. Smt. Pramila Soni W/o Shri Narendra Ji Soni, D/o Late Shri Jagdish Narayan Soni, Aged About 52 Years, R/o 4550, Second Crossing, Johari Bazar, Jaipur. 9. Shri Bhagwan S/o Late Shri Purshottam Das, Aged About 40 Years, R/o Plot No. 14, Radhavilla, Gangotri Nagar, Gopalpura, Jaipur. [2026:RJ-JP:16710] (2 of 3) [CW-5085/2026] 10. Manoj S/o Late Shri Purshottam Das, R/o Plot No. 14, Radhavilla, Gangotri Nagar, Gopalpura, Jaipur. New Address- Plot No. 153, Ground Floor, Front Gate, Gangotri Nagar, Gopalpura Byepass, Jaipur. ----Respondents For Petitioner(s) : Mr. J.K. Moolchandani For Respondent(s) : Mr. Gaurav Gehlot Mr. Mahendra Kumar Mr. Pranav Sharma HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 20/04/2026 1. The present writ petition is not being pressed by learned counsel for the petitioner with a prayer that if some reasonable time is granted to him to vacate the premises. 2. Learned counsel for the respondents, upon instructions from his client, submits that they have no objection if the time prayed for by the petitioner, to vacate the tenanted premises, is granted. 3. On consent of the parties, petitioner are granted two years' time to vacate the premises. On the following consented terms: (i). The petitioner will vacate the premises on or before 30.04.2028. (ii). The petitioner shall pay all the arrears of the rent as per the decree within a period of four weeks. (iii). Petitioner undertakes to pay mesne profit @ Rs.3500/- per month from 01.05.2026. (iv). Petitioner is directed to file an undertaking before the learned Rent Tribunal, to the effect that he will vacate the premises, on or before 30.04.2028 and further to the effect that he will continue to pay the mesne profit @ Rs.3500/-, per month till vacation of the [2026:RJ-JP:16710] (3 of 3) [CW-5085/2026] premises and further they will not sub-let or create any alteration in the disputed premises. (v). The mesne profit, which is to be paid from 01.05.2026 shall be paid by the petitioner by 15th day of the succeeding month. If he makes default for three consecutive months in payment of the mesne profit, then the respondents shall be entitled to execution for decree. (vi). If the order passed by this Court is not complied with by the petitioner, then he will be liable for contempt of Courts proceedings. 4. With the above observation, the present civil writ petition stands disposed of. 5. Pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J KRATIKA/RACHNA /92