Rajasthan High Court - Jodhpur
Lrs Of Late Sh. Nand Kishore vs Ashok Kumar (2025:Rj-Jd:48562) on 12 November, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:48562]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 105/2025
1. Lrs Of Late Sh. Nand Kishore, S/o Sadhuram, R/o Ward
No.15, Suratgarh, Dist. Sri Ganganagar.
1/1. Bhanwari Devi W/o Late Sh. Nand Kishore, Aged About 85
Years, R/o Ward No.16, Suratgarh, Dist. Sri Ganganagar.
1/2. Sushil Kumar S/o Late Sh. Nand Kishore, Aged About 65
Years, R/o Ward No.16, Suratgarh, Dist. Sri Ganganagar.
1/3. Usha Devi D/o Late Sh. Nand Kishore, Aged About 62
Years, R/o Ward No.16, Suratgarh, Dist. Sri Ganganagar.
1/4. Mahendra Kumar S/o Late Sh. Nand Kishore, Aged About
60 Years, R/o Ward No.16, Suratgarh, Dist. Sri
Ganganagar.
1/5. Mohanlal S/o Late Sh. Nand Kishore, Aged About 58
Years, R/o Ward No.16, Suratgarh, Dist. Sri Ganganagar.
----Appellants
Versus
Ashok Kumar S/o Manak Chand, R/o Ward No.24, Suratgarh,
Dist. Sri Ganganagar, Rajasthan.
----Respondent
For Appellant(s) : Mr. Monal Chugh
For Respondent(s) : Mr. Vineet Jain, Sr. Adv. with
Mr. Pravin Vyas
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
12/11/2025
1. The present second appeal under Section 100 of the Code of
Civil Procedure, 1908 has been filed by the appellants- defendants
against the judgment and decree dated 23.12.2024 passed by the
learned Additional District Judge, Suratgarh in Civil Appeal No.
10/2015 (CIS No. 11/2015) [Nandkishore vs. Ashok], whereby the
learned appellate Court rejected the appeal filed by the
(Uploaded on 14/11/2025 at 09:47:04 AM)
[2025:RJ-JD:48562] (2 of 3) [CSA-105/2025]
appellants-defendants and the judgment and decree dated
23.07.2015 passed by the learned trial Court in Original Civil Suit
No. 06/2005 was affirmed.
2. Learned counsel for the appellants- defendants, at the
outset, submitted that since concurrent findings of fact have been
recorded by both the learned Trial Court as well as the learned
First Appellate Court, he does not wish to assail the same on
merits. It is submitted that the appellants-defendants are ready
and willing to hand over vacant and peaceful possession of the
rented premises to the respondents-plaintiffs. However,
considering that they have been running a shop in the rented
premises for several years, they may be granted some reasonable
time to vacate the same.
3. It is further submitted that the appellants- defendants are
also ready and willing to pay the entire arrears of rent, if any.
4. Per contra, learned counsel for the respondents-plaintiffs
submitted that the learned Trial Court as well as the learned First
Appellate Court have passed the judgments and decrees dated
23.07.2015 and 23.12.2024 respectively after due consideration
of the entire oral and documentary evidence available on record,
and the same do not call for any interference by this Court.
However, since learned counsel for the appellants- defendants has
not joined issues on the merits of the case, he has no objection if
a short and reasonable time is granted to the appellants-
defendants to vacate the rented premises.
5. Heard learned counsel for the parties and perused the
material available on record.
(Uploaded on 14/11/2025 at 09:47:04 AM)
[2025:RJ-JD:48562] (3 of 3) [CSA-105/2025]
6. In view of the fact that learned counsel for the appellants-
defendants has candidly submitted that the appellants-defendants
are ready and willing to hand over vacant and peaceful possession
of the rented premises, wherein they have been running their
business for more than two decades, this Court, while upholding
the impugned judgments and decrees dated 23.07.2015 and
23.12.2024, deems it just and proper to make a slight
modification therein. Accordingly, it is directed that the
appellants-defendants shall hand over vacant and peaceful
possession of the rented premises to the respondents-plaintiffs on
or before 01.12.2027. The other conditions mentioned in the
impugned judgments and decrees dated 23.07.2015 and
23.12.2024 shall remain unaltered.
7. The learned Additional District Judge No. 1, Suratgarh, is
directed to decide the application bearing Registration No.
50/2024, CNR No. RJSG-1100119-2024, said to be pending before
it, as expeditiously as possible, preferably within a period of three
months from the date of receipt of this order.
8. The instant second appeal stands disposed of accordingly.
9. The Registry is directed to prepare a decree accordingly.
(KULDEEP MATHUR),J
10-divya/-
(Uploaded on 14/11/2025 at 09:47:04 AM)
Powered by TCPDF (www.tcpdf.org)
