Dismissed

Smt. Parwati Widow of Shri Choba (Now Deceased) v. Ramesh Chand S/O Late Shri Babulal

Rajasthan HC7 Mar 2024CSA/358/2023

Case brief

AI extract

What is this about?

The High Court affirmed the impugned order dismissing the second appeal under Section 100 CPC. It granted a two-year period to the appellant-tenant to vacate the premises and enforced conditions regarding possession, mesne profit payment, and restraint on alienation.

What did the court decide?

Twelve months time is granted to vacate by 31.03.2026; appeal dismissed; tenant restrained from alienation.

Smt. Parwati Widow of Shri Choba (Now Deceased)… — Execution and Attachment | Rajasthan HC (2024)

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[2024:RJ-JP:11928]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 358/2023

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Smt. Parwati Widow Of Shri Choba (Now Deceased), R/o Makan No. 818/819, Dhobi, Mohhalla, Nasirabad Represented By

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1/1. Radheshyam S/o Late Shri Chobba, R/o Dhobi Mohalla, Nasirabad

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1/2. Rakesh S/o Late Shri Chobba, Aged About 51 Years, R/o Plot No. 33-34, Maharana Pratap Road, Mahakarni Nagar First Panchawala, Jaipur

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1/3. Smt. Renu D/o Late Shri Chobba, R/o Dhobi Mohalla, Nasirabad

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1/4. Kamlesh D/o Late Shri Chobba W/o Raju, R/o Chankiyapuri, Ahemdabad

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----Appellants

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Versus

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Ramesh Chand S/o Late Shri Babulal, R/o 269/07, Shobharam Mohalla, Nasirabad, District Ajmer

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----Respondent

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For Appellant(s) : Mr. Nitesh Pareek For Respondent(s) : Mr. Rahul Agarwal

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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07/03/2024

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At the stage of admission, a suggestion is made that sufficient time be granted to appellant-tenant for vacation of the suit premises subject to regular payment of rent/mesne profit.

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Learned counsel for appellant in presence of appellant no.1/2 suggested time period of 2 years and learned counsel for respondent agreed to it.

[2024:RJ-JP:11928]

[CSA-358/2023]

(2 of 2)

In view of aforesaid, this second appeal under Section 100 of CPC is disposed of in following terms:-

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i. The order and decree dated 19.05.2014 in C.S. No. 39/2002 affirmed in civil appeal No. 10/2018 on 18.05.2023 are hereby affirmed and the appeal stands dismissed.

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ii. Twenty four months time till 31.03.2026 is granted to appellant-defendant to vacate the suit premises.

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iii. The appellant is restrained not to transfer or alienate the disputed property till handing over the possession to respondentplaintiff or his assignee.

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iv. Appellant-defendant will continue to pay mesne profit as already ordered by the Court.

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v. The appellant-defendant will not cause any damage or substantial alteration to the property in dispute till its vacation and handing over the possession to the respondent-plaintiff.

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With aforesaid conditions an undertaking with one surety of

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₹2 Lakh will be submitted by the appellant-defendant to the satisfaction of learned trial Court, within a period of 30 days.

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The appeal stands disposed of.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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MONU /265

Smt. Parwati Widow of Shri Choba (Now Deceased) v. Ramesh Chand S/O Late Shri Babulal

Case brief

What is this about?

What did the court decide?

Smt. Parwati Widow of Shri Choba (Now Deceased) v. Ramesh Chand S/O Late Shri Babulal

Case brief

What is this about?

What did the court decide?

What the court decided

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