M/S Friends Printers And ... vs Shri Dhanwantri Sewa Samiti
2022 Latest Caselaw 4872 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                   S.B. Civil Second Appeal No. 163/2022

M/s Friends Printers And Stationers
                                                                         ----Appellant
                                       Versus
Shri Dhanwantri Sewa Samiti
                                                                    ----Respondent

For Appellant(s)             :     Mr. Prakhar Gupta
For Respondent(s)            :     Mr. S.K. Gupta, Sr. Advocate with
                                   Ms. Surabhi Agarwal
                                   Mr. Rajneesh Gupta



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                        Order

15/07/2022

Appellant-tenant has filed this second appeal under Section

100 CPC, feeling aggrieved by the judgment and decree dated

30.06.2022 passed by Additional District and Sessions Judge,

No.1, Jaipur Metropolitan-II in regular appeal No.07/2019

whereby dismissing the appeal and affirming the judgment and

decree dated 18.04.2019 passed in Civil Suit No.265/2000 by

Additional Civil Judge and Metropolitan Magistrate (East), Jaipur

Metropolitan whereby and whereunder plaintiffs' civil suit for

eviction has been allowed and decree for eviction on the ground of

bona fide and reasonable necessity to utilize the rented premise to

expand the hospital run by the respondent, has been passed.

Having argued the second appeal on merits and faced with

concurrent findings of fact on the ground of bona fide and

reasonable necessity, learned counsel for the appellant seeks

some time to seek instructions from the appellant as to whether to

(2 of 2) [CSA-163/2022]

pursue the second appeal on merits or to seek some time to

vacate the rented premise.

Learned counsel for the respondent has appeared as

Caveator.

The counsel for the respondent submits that the impugned

decree for eviction is stayed till 30.08.2022, as per the

undertaking furnished by them before the Executing Court.

Therefore, no need to pass any interim stay order in the second

appeal, at this stage.

List this appeal again on 25.07.2022 in 'supplementary list'.

(SUDESH BANSAL),J

TN/18

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