Rajasthan High Court - Jodhpur
Pratap @ Kalu vs Lrs Of Ashok Kumar (2025:Rj-Jd:48833) on 13 November, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:48833]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 287/2025
Pratap @ Kalu S/o Budha Ram, Aged About 70 Years, 36/23,
Pawan Puri, Housing Board, Bikaner
----Appellant
Versus
1. LRs Of Ashok Kumar, Koyla Gali Kalawti Store Bikaner
Through Lrs
1/1. Smt. Savitri Devi W/o Late Ashok Kumar, R/o Koyla Gali,
Kalawati Store, Bikaner
1/2. Narendar Kumar S/o Late Shri Ashok Kumar, R/o Kalawati
Bhawan Part A, Quarter No. 10, Bikaner
1/3. Smt. Kumkum W/o Late Shri Ashok Kumar, R/o Koyla
Gali, Kalawati Store, Bikaner
1/4. Pawan Kumar S/o Late Shri Ashok Kumar, R/o Koyla Gali,
Kalawati Store, Bikaner
1/5. Smt. Sima W/o Late Shri Ashok Kumar, R/o Koyla Gali,
Kalawati Store, Bikaner
1/6. Rajiv Gupta S/o Late Shri Ashok Chander, R/o Kalawati
Bhawan Part B, Quarter No. 1, Bikaner
----Respondents
For Appellant(s) : Mr. M.S. Purohit
For Respondent(s) : Mr. Nishank Madhan
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
13/11/2025
1. The present second appeal under Section 100 of the Code of
Civil Procedure has been filed by the appellant against the
judgment and decree dated 03.10.2025 passed by the learned
Additional District and Sessions Judge No.5, Bikaner in Civil
Appeal (decree) No.01/2024 by which the judgment and decree
dated 07.01.2022 passed by the Senior Civil Judge No.4, Bikaner
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[2025:RJ-JD:48833] (2 of 3) [CSA-287/2025]
in Civil Original case No.160/2009 "Ashok Kumar vs. Pratap" has
been affirmed.
2. At the outset, learned counsel for the appellant- defendant
submitted that the appellant- defendant does not want to join the
issues on the merits. However, since he is in possession of the
rented premises from last more than three decades, he may be
granted some reasonable time to vacate the same.
3. Learned counsel for the respondent submitted that the
learned trial Court as well as the learned Appellate Court have
passed the impugned judgments and decrees after considering the
oral and documentary evidences available on record, the same
therefore does not call for any interference by this Court.
However, learned counsel submitted that since the appellant has
not joined the issues on merits, he has no objection in case the
impugned judgments and decrees are modified only to the extent
of granting reasonable time to the appellant- defendant to vacant
the rented premises.
4. Heard.
5. In view of the fact that the appellant- defendant is ready and
willing to handover the vacant and peaceful possession of the
rented premises, this Court deems it just and proper to modify the
impugned judgments and decrees dated 03.10.2025 and
07.01.2022 passed by the first Appellate Court as well as the
learned trial Court only to the extent that the appellant- defendant
shall handover the vacant and peaceful possession of the rented
premises to the respondent- plaintiffs on or before 01.12.2027.
The appellant- defendant is further directed to pay monthly rent of
Rs.1500/- to the respondents on or before 15 th day of every
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[2025:RJ-JD:48833] (3 of 3) [CSA-287/2025]
month. The other conditions mentioned in the impugned
judgments and decrees shall remain as it is.
6. The Registry is directed to prepare decree accordingly.
7. The instant second appeal stands disposed of accordingly.
(KULDEEP MATHUR),J
195-divya/-
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