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Rajasthan High Court - Jodhpur
Suresh Malpani vs Chandra Kanta (2026:Rj-Jd:4768) on 27 January, 2026
[2026:RJ-JD:4768]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 311/2025
1. Suresh Malpani S/o Ramswaroop, Aged About 50 Years,
Ladwa, Tehsil Riyanbadi, District Nagaur Raj..
2. Ramesh S/o Banshilal, Aged About 55 Years, Merta City,
Tehsil Merta, District Nagaur Raj..
----Appellants
Versus
Chandra Kanta W/o Thakur Prasad, Sunaro Ka Mohalla, Meera
Marg, Merta City, Tehsil Merta, District Nagaur Raj..
----Respondent
For Appellant(s) : Mr. SL Jain.
Mr. Abhinav Jain.
For Respondent(s) : Mr. VD Gaur.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
27/01/2026
1. The present second appeal under Section 100 CPC has been
preferred by the appellants against the judgment and decree
dated 04.09.2025, passed by the learned District Judge, Merta,
District Nagaur (hereinafter referred to as "the learned Appellate
Court") in Civil Regular Appeal No.10/2024, whereby the appeal
filed by the appellants has been dismissed while affirming the
judgment and decree dated 03.08.2024 passed by the learned
Senior Civil Judge, Merta, District Nagaur (hereinafter referred to
as "the Trial Court") in Civil Original Suit No.48/2015, vide which
the suit filed by respondent-plaintiff for eviction, recovery of rent
arrears and mesne profit was decreed.
(Uploaded on 27/01/2026 at 07:15:21 PM)
[2026:RJ-JD:4768] (2 of 3) [CSA-311/2025]
2. Learned counsel for the appellants on instructions submits
that he does not want to press this second appeal on merits,
however, prays that a reasonable time of at least two years to
vacate the subject premises and handover peaceful possession of
the same to the respondent-plaintiff may be granted.
3. Learned counsel for the respondent-plaintiff has no objection
if the premises in question is vacated and peaceful possession is
handed over to her on or before 31.07.2027.
4. In these circumstances, present second appeal is dismissed
as not pressed. However, appellants shall be allowed to retain the
possession of the suit premises and shall handover peaceful and
vacant possession of the shop (premises) in question to the
respondent on or before 31.07.2027, subject to following
conditions:-
(i) The appellants shall personally submit an
undertaking supported by their affidavit before the
trial Court to the effect that on or before 31.07.2027,
they shall handover peaceful and vacant possession of
the suit premises to the respondent-plaintiff. They
shall also undertake neither to cause any damage to
the suit premises, nor to make any alteration and not
to assign, subject or in any manner part with
possession to any other person and not to put the
premises to any use other than the present use and
not to cause any nuisance.
(ii) The appellants shall pay mesne profit as ordered
by learned trial Court below and will further continue
to pay the same on or before 7th day of each month
in the bank account of the respondent-plaintiff or in
the trial Court till the vacant possession of the suit
property is handed over i.e. by 31.07.2027. The
arrears of rent and mesne profit, as determined by
learned trial Court, if not already paid, shall also be
paid by them within a period of three months from
today and entire amount, including amount already
deposited on this account, will be disbursed to the
respondent-plaintiff.
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[2026:RJ-JD:4768] (3 of 3) [CSA-311/2025]
(iii) On appellants-defendants furnishing undertaking
aforesaid and abiding by the terms and conditions of
the order, respondent-plaintiff shall not execute
impugned judgment and decree till 31.07.2027.
5. It is made clear that upon appellants failure to comply with
any of the conditions aforesaid or violating any terms of the
undertaking, the respondent-plaintiff shall be entitled to execute
judgment and decree impugned forthwith, besides initiating
proceedings for contempt of Court, in accordance with law.
6. No order as to costs.
7. The stay application also stands disposed of accordingly.
(MUKESH RAJPUROHIT),J
54-/Jitender//-
(Uploaded on 27/01/2026 at 07:15:21 PM)
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