Praveen Kumar vs Geeta
2022 Latest Caselaw 10987 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 167/2022

1. Praveen Kumar S/o Shri Chagganlal Kumhar, Aged About 40 Years, R/o Kumharwada, Sirohi, Tehsil And District Sirohi

2. Mausami Devi W/o Praveen Kumar, Aged About 39 Years, R/o Kumharwada, Sirohi, Tehsil And District Sirohi

----Appellants Versus Geeta W/o Shri Chagganlal Kumhar, R/o Kumharwada, Sirohi, Tehsil And District Sirohi

----Respondent

For Appellant(s) : Mr. Sunil Purohit For Respondent(s) : Mr. Abhishek Mehta

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

27/08/2022

The present Civil Second Appeal under Section 100 of the

Civil Procedure Code, 1908 has been preferred by the defendants-

appellants against the judgment and decree dated 04.08.2022

passed by the learned District Judge, Sirohi in Civil First Appeal

No.3/22 whereby the learned First Appellate Court dismissed the

appeal filed by the defendants-appellants and while maintaining

and affirming the judgment and decree dated 18.04.2022 passed

by the learned Civil Judge, Sirohi in Civil Original Suit No.52/2018

granted eviction decree in favour of the plaintiff-respondent.

Learned counsel appearing for the rival parties threadbare

argued the matter, however, with the consent of learned counsel

(2 of 2) [CSA-167/2022]

for the respective counsel for the following modifications in the

impugned judgment and decrees are being made.

(i) The defendants-appellants shall furnish a written undertaking in the learned Trial court within a period of one month from today incorporating to handover vacant and peaceful possession of the suit property to the respondent on or before 30.11.2022 and shall also undertake not to cause any damage to it and shall also maintain the same as it is.

(ii) The plaintiff-respondent shall wave the entire mesne profit at the rate of Rs.5000/- per month as ordered by the learned Trial Court.

(iii) As and when the defendants-appellants shall take another residential accommodation on rent, the plaintiff- respondent shall pay a sum of Rs.2500/- per month to the defendants-appellants either in their bank accounts, particulars of which shall be supplied by them, or pay in cash.

The present Civil Second Appeal is, therefore, disposed of

and the impugned judgment and decrees dated 04.08.2022 and

18.04.2022 are modified as indicated above.

(MADAN GOPAL VYAS),J 19-neha/-

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