Ishwar Nath Bhargava vs Kanhiya Lal Through Lrs ...
2023 Latest Caselaw 4749 Raj/2

[2023:RJ-JP:22074]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Second Appeal No. 318/2012

Ishwarnath Bhargav Prop. Nath General Store, Krishna Bhawan,
Sms Highway, Jaipur Died During Pendency Of First Appeal.
1/1.Sumit Bhargav S/o Late Shri Ishwarnath Bhargav, aged
about 38 years, through Nath General Store, Krishna Bhawan,
chora Rasta, Jaipur.
                                                      ----Appellant-Defendants
                                     Versus
1.       Kanhiyalal Ghatiwala S/o Shri Bhorilal Ji, R/o Krishna
         Bhawan, Sms Highway, Jaipur (Died)
         1/1.Kishan Ghatiwala S/o Late Shri Kanhiyalal Ghatiwala,
         1/2.Harivallabh Ghatiwala S/o Late Kanhiyalal Ghatiwala,
         1/3.Anil Ghatiwala S/o Shri Giriraj Ji Ghatiwala,
         1/4.Sunil Ghatiwala S/o Shri Giriraj Ji Ghatiwala,
         1/5.Vinay Ghatiwala S/o Shri Giriraj Ji Ghatiwala,
         1/6.Santosh Devi W/o Late Shri Giriraj Ji Ghatiwala,
         All are R/o Krishna Bhawan, SMS Highway, Jaipur.
                                               --------Respondents-Plaintiffs

2. Smt. Lalita Ghawar W/o Gulabchand Ghawar, D/o Late Shri Kanhiyalal Ghatiwala,

3. Smt. Geeta Soni W/o Ramswaroop Soni, D/o Late Shri Kanhiyalal Ghatiwala,

4. Smt. Jamuna Dhoot W/o Hariprasad Dhoot, D/o Late Shri Kanhiyalal Ghatiwala,

5. Smt. Shanti Chitlangia W/o Late Shri Rajkumar D/o Late Shri Kanhiyalal Ghatiwala,

6. Smt. Archna Sabu W/o Kamal Sabu D/o Late Shri Kanhiyalal Ghatiwala, All are R/o Krishna Bhawan, Sms Highway, Jaipur

----Proforma Respondents-Defendants

For Appellant(s) : Mr. M.M. Ranjan, Sr. Adv. with Mr. Shubham Sharma For Respondent(s) : Mr. Rishi Parashar

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

[2023:RJ-JP:22074] (2 of 2) [CSA-318/2012]

12/09/2023

This civil second appeal, which is preferred against the

judgment and decree dated 18.05.2012 passed by the learned

Additional District Judge No.9, Jaipur Metropolitan, Jaipur in Civil

Regular Appeal No.35/2006: Kanhiyalal Ghatiwala through his

legal representatives Vs. Ishwarnath Bhargav though his legal

representative, is being disposed of in following terms as agreed

and requested by the learned counsels for the respective parties:

(i) The appellants/defendants/tenants are granted time upto 30.09.2023 to vacate the subject premises and handover its vacant and peaceful possession to the respondents/plaintiffs.

(ii) The arrears of rent/mesne profit including a sum of Rs.2,18,000/- as mentioned in the application no.2/2021 filed by the appellants shall be deposited by the appellants in the bank account of the respondents within a period of two months from today.

(iii) The appellants shall file an undertaking to the aforesaid effect before this Court within a period of two weeks from today.

(iv) If the appellants fail to comply with any of the aforesaid condition(s), the respondents shall be at liberty to get the decree executed immediately and shall also be at liberty to initiate contempt proceedings against them.

The pending applications also stand disposed of in aforesaid

terms.

(MAHENDAR KUMAR GOYAL),J

Sudha/16

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