Single Judge of Rajasthan High Court at Jodhpur disposed of S.B. Civil Second Appeal No. 54/2018 ex-parte settlement. Court ordered appellants to vacate premises, deposit arrears, and pay enhanced rent subject to undertaking.
Undertaking to hand over possession; deposit of arrears; payment of enhanced monthly rent from 01.07.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 54/2018
Legal Representatives of Amrit Lal Son of Late Shri Radhakishan Ahuja, R/o Murli Vilas Road, Bhilwara (Since Deceased), since deceased through Legal Representatives:
1/1. Dilip Kumar S/o Late Amrit Lal Ahuja, R/o Near Sitaram Ji Ki Bavdi, Bhopalganj, Bhilwara. 1/2. Vijay Kumar S/o Late Amrit Lal Ahuja, R/o Near Sitaram Ji Ki Bavdi, Bhopalganj, Bhilwara.
1/3. Smt. Manisha Vridhavanti D/o Late Amrit Lal Ahuja, R/o Basant Vihar Colony, Tonk Road, Jaipur.
----Appellants
Versus
5/3. Vedprakash Ahuja S/o Late Arjundas Ahuja, R/o 5/5230, Krishna Nagar, Gali No.5, Karol Bag, New Delhi. 5/4. Suresh Ahuja S/o Late Arjundas Ahuja, R/o 5/5230, Krishna Nagar, Gali No.5, Karol Bag, New Delhi. 5/5. Smt. Sonia D/o Late Arjundas Ahuja, R/o 5/5230, Krishna Nagar, Gali No.5, Karol Bag, New Delhi.
(2 of 4)
[CSA-54/2018]
6/4. Smt. Dimple W/o Chandraprakash Tirthnani D/o Late Manohar Lal Ahuja, R/o Near Tanga Stand, Sheetal Marriage Hall, Ajmer.
6/5. Smt. Divya Jeswani W/o Narendra Jeswani D/o Late Manohar Lal Ahuja, R/o 101/99, Housing Board, Saket Nagar, Beawar, District Ajmer.
----Respondents
For Appellant(s) : Mr. Suresh Shrimali Mr. Dilip Kumar Ahuja, petitioner No.1/1 in person
For Respondent(s) : Mr. Sanjay Nahar Mr. Ajay Baldwa, Respondent No.2, the Director respondent Company in person
JUSTICE DINESH MEHTA Order
10/07/2019
I.A. No.3/2019 :
Matter comes upon the application filed by the respondent No.2, seeking recalling of the interim order dated 10.04.2018, pointing out that though, applicant-respondent No.2 had filed a caveat, but due to official lapse, the same could not be tagged and the matter proceeded in his absence, when this Court granted the interim order.
Without going into the contents of the application, both the parties have shown their willingness to settle the case in the spirit of Lok Adalat.
The appellant No.1/1 Dilip Kumar is present in the Court and claims to have instructions and the consent of all other coappellants to get the case settled.
Mr. Ajay Baldwa, Director of the respondent No.2 CompanyBaldwa Builders Pvt. Ltd. is also present and informs to have authority to settle the case on behalf of the Company.
(3 of 4)
[CSA-54/2018]
With the consent of the parties, the appeal is disposed of in
the following terms:-
(4 of 4) [CSA-54/2018]
Account of the Respondent. Particulars whereof are as follows:- The Oriental Bank of Commerce (OBC), Shanti Bhanwan Branch, bearing Account No.00801010000880, if the plaintiffs want the amount to be deposited in their Bank Account.
It is made clear that upon the appellants’ failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the plaintiffs-respondents shall be entitled to execute the decree forthwith, besides initiating proceedings for Contempt of Court, in accordance with law.
The appeal is disposed of. The Stay Petition No. 716/2018 also stands disposed of.
(DINESH MEHTA),J
41-Ramesh/-
Legal Representatives of Amrit Lal Son of Late Shri Radhakishan Ahuja and others
Niranjan Lal and others
Dinesh Mehta
As recorded by the court registry
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