Disposed
Ratan Kanwar v. Lrs of Gangaram
Rajasthan HCCFA/341/2020
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[CFA-341/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 341/2020
----Respondents
For Appellant(s) : Mr. Rakesh Arora. For Respondent(s) : Mr. Gajender Singh Rathore Mr. Pradeep Parihar.
HON'BLE MR. JUSTICE ARUN BHANSALI
Judgment
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[CFA-341/2020]
14/01/2021
After attempting to make submissions for sometime on the appeal, learned counsel for the appellants submits that the appellants may be granted extra time for vacating the subject premises.
Heard learned counsel for the parties regarding grant of extra time to vacate the subject premises.
Learned counsel for the appellants submitted that the premises are commercial premises and the appellants are running shop since long and may be granted extra time for vacating the premises.
Learned counsel for the respondents opposed the prayer for grant of time. It was submitted that the proceedings were filed in the year 2013 and a meager rent of Rs.150/- at the time of filing of the suit was being paid and that also is in arrears.
Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellants to vacate the premises by 31st December, 2021 and allow mesne profit to the respondents until the appellants vacate the premises @ Rs.3,000/- per month at the same rate decreed by the trial court till 31.12.2021.
In view of the above, the learned counsel for the appellants seek withdrawal of the first appeal and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the appellants are granted time to vacate the subject premises by 31st December, 2021 on the following conditions:-
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[CFA-341/2020]
2021, they shall handover the peaceful and vacant possession of the suit premises to the plaintiffrespondent. They shall also undertake not to cause any damage to the suit premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance.
No order as to costs.
(ARUN BHANSALI),J
9-Rmathur/-
1 issue framed by the court
Whether to grant extra time to appellants for vacating the subject commercial premises.
Ratan Kanwar W/o Late Sh. Mahendra Singh Ranawat
Ajay Singh S/o Late Sh. Mahendra Singh Ranawat
Jabbar Singh S/o Late Sh. Mahendra Singh Ranawat
Kuldeep Singh S/o Late Sh. Mahendra Singh Ranawat
Smt. Shanti Devi W/o Late Shri Gangaram Khatik
Smt. Manju D/o Late Shri Gangaram Khatik
Arun Bhansali
As recorded by the court registry
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