[2023/RJJD/005946] (1 of 2) [CW-19726/2022] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19726/2022 Thakurdas S/o Sh. Avatram, Aged About 67 Years, Shop No. 29, Ajanta Opticles, Ashwini Bazar, District Udaipur (Raj.).
----Petitioner Versus
1. Lrs Of Yahaya Ali, S/o Late Sh. Gulam Abbas Through His Lrs
2. Smt. Hamida Bano W/o Late Sh. Yahaya Ali, Kharol Colony, Udaipur (Raj.).
3. Imtiyaaz S/o Late Sh. Yahaya Ali, Kharol Colony, Udaipur (Raj.)., Presently Residing At United States Of America.
4. Smt. Shahnaz W/o Sh. Shaukat Lai D/o Late Sh. Yahaya Ali, Kharol Colony, Udaipur (Raj.).
5. Smt. Gulnaz W/o Sh. Ali Asgar , D/o Late Sh. Yahaya Ali, Kharol Colony, Udaipur (Raj.).
----Respondents For Petitioner(s) : Smt. Neetu Makhija and Mr. Deepanshu Makhija (petitioner's wife and son - present in person) HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 22/02/2023 It is informed that the petitioner is a diabetic patient and is unable to travel, and therefore, he has authorized his wife and son to appear on his behalf.
The petitioner's wife Smt. Neetu Makhija and son Mr. Deepanshu Makhija are present in the Court and they categorically undertake that the premises in question shall be vacated on or before 28.02.2024.
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[2023/RJJD/005946] (2 of 2) [CW-19726/2022] Upon such undertaking, which is accepted by this Court, the petitioner shall be required to vacate the premises in question on or before 28.02.2024.
Issue notice to the respondents, returnable within four weeks.
In the meanwhile, the effect and operation of the impugned judgment and certificate dated 10.11.2022 (Annex.16) passed by the learned Appellate Rent Tribunal in Rent Appeal No.20/2014 (CIS No.85/2014) and impugned judgment and certificate dated 19.05.2014 (Annex.6) and 08.08.2019 (Annex.14) passed by the Rent Tribunal, Udaipur in Eviction Petition No.83/2006 and 70/2014 shall remain stayed. The status quo, in regard to the petitioner's possession over the shop in question, as it exists today, shall be maintained by the parties.
It is needless to say that the present order has been passed, in light of the aforementioned undertaking given on behalf of the petitioner before this Court, and thus, in case such undertaking is not complied with or adhered to by the petitioner, the present order shall cease to exist, and accordingly, the respondents shall be free to take appropriate recourse as available to them under the law.
(DR. PUSHPENDRA SINGH BHATI),J 220-Zeeshan (Downloaded on 23/02/2023 at 11:59:01 PM) Powered by TCPDF (www.tcpdf.org)