Disposed

Lrs of Amrit Lal v. Niranjan Lal

Rajasthan HC6 Jul 2023CMAP/25/2023

Case brief

AI extract

What is this about?

The High Court at Jodhpur disposed of a S.B. Misc. Application seeking an extension of time for the judgment-debtors to hand over vacant possession of the suit premises. The court allowed the request, extending the date to 31.12.2023 and enhancing mesne profit to Rs. 10,000/- per month.

What did the court decide?

Extension of time for vacant possession granted till 31.12.2023; mesne profit enhanced to Rs 10,000 per month.

Lrs of Amrit Lal Vs Niranjan Lal — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JD:20005]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Misc. Application No. 25/2023

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S.B. Civil Second Appeal No.54/2018

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LRs Of Amrit Lal, S/o Late Shri Radha Kishan Ahuja R/o Murli Vilas Road, Bhilwara (Since Deceased) through His LRs-

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Smt. Nanki Devi W/o Late Shri Amrit Lal Ahuha, R/o Sitaram Ji Ki Bavdi, Bhopalganj, Bhilwara (Since Deceased) through Her LRs-

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1/1 Dilip Kumar S/o Late Shri Amrit Lal Ahuja, R/o Sitaram Ji Ki Bavdi, Bhopalganj, Bhilwara.

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1/2 Vijay Kumar S/o Late Shri Amrit Lal Ahuja, R/o Sitaram Ji Ki Bavdi, Bhopalganj, Bhilwara.

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1/3 Smt. Manisha Vridhavanti D/o Late Shri Amrit Lal Ahuja, R/o Basant Vihar Colony, Tonk Road, Jaipur.

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----Petitioners

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Versus

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Niranjan Lal S/o Shri Madan Lal Rathi, R/o Dhanmandi, Udaipur (Raj.)

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M/s Baldwa Builders Pvt. Ltd., Through Its Director Anil S/o Shri Ramswarup Baldwa R/o 4, Kashipuri, Bhilwara (Raj.)

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Shobhraj S/o Rajaldas Ahuja, (Since Deceased) Thorugh His LRs-

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3/1 Trilok Kumar S/o Late Shri Shobhraj Ahuja, R/o 366, R.k. Colony, Bhilwara (Raj.)

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3/2 Dipti Motwani D/o Late Shri Shobhraj Ahuja, R/o 366, R.K. Colony, Bhilwara (Raj.)

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3/3 Disha Khubhachandani D/o Late Shri Shobhraj Ahuja, R/o 366, R.K. Colony, Bhilwara (Raj.)

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Nirmal Kumar S/o Shri Rajal Das Ahuja, R/o C/o Nirmal Machinery Stores, Indra Market, Bhilwara (Raj.)

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Arjun Das, S/o Late Shri Radha Kishan Ahuja, R/o Murli Vilas Road, Bhilwara (Sinnce Deceased) Through His LRs5/1 Smt. Sheela Devi W/o Late Shri Arjundas Ahuja, R/o Pathgar, Gali No.2, Karol Bag, New Delhi.

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(2 of 4) [CMAP-25/2023]

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[2023:RJ-JD:20005]

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5/2 Heeralal Ahuja S/o Late Shri Arjundas Ahuja, R/o Pathgar, Gali No.2, Karol Bag, New Delhi.

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5/3 Ved Prakash 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 Bad, New Delhi.

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5/5 Smt. Sonia D/o Late Shri Arjundas Ahuja, R/o 5/5230, Krishna Nagar, Gali No. 5, Karol Bad, New Delhi. 6. Manohar Lal, S/o Late Radha Kishan Ahuja, R/o Murli Vilas Road, Bhilwara (Since Deceased)Through His LRs6/1 Smt. Leela Devi W/o Late Shri Manohar Lal Ahuja, R/o Ahuja Factory, Qila Road, Chittorgarh (Raj.)

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6/2 Mahendra S/o Late Shri Manohar Lal Ahuja, R/o Ahuja Factory, Qila Road, Chittorgarh (Raj.)

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6/3 Girish S/o Late Shri Manohar Lal Ahuja, R/o Ahuja Factory, Qila Road, Chittorgarh (Raj.)

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6/4 Smt. Dimple W/o Chandra Prakash Tirthnani, D/o Late Manohar Lal Ahuja, R/o Near Tanga Stand, Sheetal Marriage Hall, Ajmer (Raj.)

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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.

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----Respondents

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For Petitioner(s)	: Mr. Rishabh Shrimali
	Mr. Dilip Kumar Ahuja – applicant- judgment debtor inperson
For Respondent(s)	: Mr. SanjayNahar

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JUSTICE DINESH MEHTA

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Order

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06/07/2023

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The applicants-judgment debtors have moved the present application seeking extension of time for handing over the vacant possession of the suit premises to the plaintiffs-respondents.

[CMAP-25/2023]

[2023:RJ-JD:20005]

(3 of 4)

Mr. Shrimali, learned counsel for the applicants submitted that as per the order dated 10.07.2019, the applicants were to vacant the premises by 31.07.2023, but during the period interregnum on account of pandemic of COVID-19 all the business activities including petitioner’s business saw a major set back.

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Informing that an ice factory has been established by the applicants on the premises in question, he submitted that removal of the plant and machinery, making the factory operational denovo and handing over possession of the premises may take 5-6 months’ time. He prayed that the applicants be allowed to retain the possession of the subject premises till 30.06.2024.

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During the course of submissions, Mr. Dilip Kumar Ahuja, one of the applicants, present in person, had agreed to increase the mesne profit from Rs.7,500/- to Rs.10,000/- per month for the extended period.

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Mr. Sanjay Nahar, learned counsel for the respondents - decree holder on the other hand opposed the applicants’ prayer and submitted that the applicants have already shifted their plant and machinary and are using the subject premises only for the purpose of selling ice and, therefore, no indulgence be granted to the them.

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Heard learned counsel for the parties.

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Admittedly, the applicants were operating an ice factory on the premises in question. Considering the submissions made that during the period of COVID-19 Pandemic, business activities have adversely been affected and the applicants found themselves short of funds for establishing their plant at new place, this Court is

(4 of 4)

[2023:RJ-JD:20005]

[CMAP-25/2023]

inclined to grant some indulgence to the applicants so as to enable them to shift the entire business from the premises in question. 8. Accordingly the order dated 10.07.2019 is modified and period of vacating the premises is extended up to 31.12.2023 subject of an amendment in the amount of mesne profit which is enhanced to 10,000/- per month, as agreed by the applicant, effective from 01.08.2023 (for the extended period of five month). Other conditions will remain same.

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The application stands disposed of accordingly.

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(DINESH MEHTA),J

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18-Ramesh/-

Lrs of Amrit Lal v. Niranjan Lal

Case brief

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Lrs of Amrit Lal v. Niranjan Lal

Case brief

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