Defendant-appellant was granted time to vacate suit premises conditioned upon depositing mesne profit and submitting an undertaking; failure to comply permits execution of the decree by respondents.
Appellant granted possession until April 30, 2020, subject to depositing mesne profit and submitting an undertaking.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 812/2017
Jeewat Ram Dhanwani
----Appellant
Versus
Shri Dev Kishan Karwa And Ors
----Respondent
For Appellant(s)
For Appellant(s) : Mr. RK Agarwal, Sr. Advocate assisted by Mr. Bipin Gupta For Respondent(s) : Mr. OP Mishra
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
07/05/2018
The instant Civil Second Appeal under Section 100 CPC has been filed by the defendant-appellant aggrieved by the judgment and decree dated 23rd September, 2017 passed by learned Additional District Judge No.1, Ajmer in civil regular appeal No.6/2013 (42/96) whereby the court below has dismissed the appeal filed by the defendant-appellant against the judgment and decree dated 11th March, 1996 passed by learned Additional Civil Judge (Jr. Div.) No.3, Ajmer in Civil Suit No.14/1993 (262/89) whereby the suit of the plaintiffs-respondents for eviction and recovery of rent was decreed.
Shri RK Agarwal, learned Sr. Advocate appearing for the defendant-appellant instead of pressing the appeal on merits, on instructions of his client (who is present in person in the Court), stated that the appellant may kindly be granted two years’ time to vacate the tenanted premises.
[CSA-812/2017]
(2 of 3)
Mr. OP Mishra, learned counsel appearing for the plaintiffsrespondents, on instruction of his client, (who is present in person in the Court), has no objection in granting two years’ time to the defendant-appellant to vacate the tenanted premises.
In view of the aforesaid submission of learned counsel for the parties, this second appeal is being decided in the following terms:-
Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the trial court within a period of four weeks from the date of this order. In case, the appellant fails to submit the undertaking as aforesaid within four weeks from today and/or commits breach of any of the conditions of this order, the plaintiffs-respondents shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.
[CSA-812/2017]
(3 of 3)
The second appeal stands disposed of accordingly, Stay application is also disposed of.
(PRAKASH GUPTA),J
Bairwa/35
Jeewat Ram Dhanwani
Shri Dev Kishan Karwa And Ors
Prakash Gupta
As recorded by the court registry
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