Murari Lal S/O Shri Ramniwas Vijay vs Shivdayal Vijay S/O Late Ramniwas ...
2022 Latest Caselaw 7101 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Second Appeal No.71/2022

 Murari Lal S/o Late Shri Jagdish Prasad Aged 48 Years, R/o
 Govind Dev Ji Bazar, Rajgarh Alwar.
                                                                   ----Appellant
                                   Versus
 1.      Shivdayal Vijay S/o Late Ramniwas Vijay, R/o Machadi
         Chowk, Rajgarh, District Alwar.
 2.      Satyendra Vijay S/o Late Shri Umashankar Vijay, R/o
         Machadi Chowk, Rajgarh, District Alwar.
 3.      Ramavatar Vijay S/o Late Shri Umashankar Vijay, R/o
         Machadi Chowk, Rajgarh, District Alwar.
 4.      Rajendra Vijay S/o Late Shri Umashankar Vijay, R/o
         Machadi Chowk, Rajgarh, District Alwar.
                                                                ----Respondents

For Appellant(s)         :     Mr. Raj Kumar Sharma
For Respondent(s)        :     Mr. Vikash Sharma



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

09/11/2022

1. This second appeal has been filed by appellant-defendant

(hereafter 'defendant') assailing the judgment and decree dated

15.12.2021 passed by the Court of Additional District Judge,

Rajgarh, District Alwar in Civil Appeal No.48/11/2021 affirming the

judgment and decree dated 10.11.2020 passed by Senior Civil

Judge Rajgarh, District Alwar in civil suit No.34/164/2015 whereby

the suit for eviction has been decreed in favour of respondent-

plaintiff.

2. Learned counsel for appellant-defendant after arguing the

appeal on merits for some time, on instruction of appellant who is

(2 of 3) [CSA-71/2022]

present in court, submits that if some reasonable time is granted

to vacate and hand over the possession of suit premises to

respondent-plaintiff, the appellant would not press the second

appeal on merits.

3. Learned counsel for respondent-plaintiff, on instructions of

respondent, submits that in case the second appeal is dismissed

as withdrawn, some reasonable time may be granted to appellant

to vacate and hand over the possession of suit premises, subject

to payment of due mesne profits and enhanced mesne profits for

future.

4. In view of above, with consent of learned counsel for both

parties, on instruction of their respective parties, this second

appeal is disposed of in following terms:-

"(i) The appellant-defendant is allowed to continue in possession of suit premises upto 30.11.2024, subject to condition that he shall vacate and hand over possession of suit premises to respondent on or before 30.11.2024.

(ii) The appellant would pay arrears of mesne profits, if any, as determined by the trial court till November, 2022 within a period of three months and from December, 2022 to 30.11.2024 shall pay mesne profits at the rate of Rs.3,000/-per month regularly, in the bank account furnished by respondent, until the vacation and handing over possession of suit premises to the respondent- plaintiff.

(iii) The appellant shall not alienate or otherwise create third party right or hand over possession of suit premises in question to any other person.

(iv) That appellant shall furnish an undertaking incorporating aforesaid conditions, before the trial court within a period of four weeks, from the date of this order with an advance copy to respondent."

5. In case the appellant fails to submit the undertaking, as

aforesaid, and/or commits breach of conditions of this order,

respondent shall be entitled to initiate immediate execution of

(3 of 3) [CSA-71/2022]

judgment and decree to obtain possession of premises in issue

forthwith, in accordance with law, and may also initiate

proceedings of contempt for breach of undertaking.

6. Stay application and any other pending application(s), if any,

stand(s) disposed of.

(SUDESH BANSAL),J

SAURABH/98

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