Rajasthan High Court

CW/10403/2026 of PRANAYDEV S/O SHRI JITENDRA DUBEY Vs SUDHA MITTAL W/O SHRI ANIL MITTAL on 2 July 2026

Cites 0, Cited by 0

JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10403/2026 URN: CW / 23073U / 2026 Pranaydev S/o Shri Jitendra Dubey, Aged About 45 Years, R/o House No. C-07, Ashok Vihar, Alwar, Rajasthan, At Present Tenant, Shopkeeper, Shop, Lower Ground Floor, Plot No. 4, Balaji Mansion,

[2026:RJ-JP:24549]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 10403/2026

URN: CW / 23073U / 2026

Pranaydev S/o Shri Jitendra Dubey, Aged About 45 Years, R/o House No. C-07, Ashok Vihar, Alwar, Rajasthan, At Present Tenant, Shopkeeper, Shop, Lower Ground Floor, Plot No. 4, Balaji Mansion, Near Jail Chauraha, Alwar, Tehsil And District Alwar, Rajasthan.

----Petitioner

Versus

Sudha Mittal W/o Shri Anil Mittal, Aged About 55 Years, R/o House No. 251, Scheme No. 01, Alwar Tehsil And District Alwar (Raj).

----Respondent

For Petitioner(s)

:

Mr. Archit Bohra,

Mr. Prakhar Jain

For Respondent(s)

:

Mr. Mohit Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

Order

02/07/2026

1. On behalf of respondent, counsel has put in appearance on caveat.

2. Heard counsel for both parties and perused the material available on record.

3. The issue involved in the present matter pertains to compliance or non-compliance of the terms and conditions of the compromise arrived at between the parties regarding payment of arrears of mesne profits as well as future mesne profits.

4. Indisputably, a decree for eviction and recovery of arrears of rent was passed against the petitioner, which was affirmed in appeal. Thereafter, when the matter came up before the High Court, parties entered into a compromise, pursuant to which petitioner was given time to vacate the rented premises till 31.01.2029, subject to

[2026:RJ-JP:24549] (2 of 2) [CW-10403/2026] payment of outstanding mesne profits and future mesne profits at the rate of Rs.45,000/- per month w.e.f. 01.02.2026. The order dated 09.01.2026 is a final order, which is binding upon parties.

5. It appears that respondents/ decree-holders raised an objection alleging non-payment of the entire amount of mesne profits and sought execution of the decree. On the said application, the Rent Tribunal, Alwar, being an Executing Court, passed the impugned order dated 30.05.2026, whereby a warrant for possession as well as a warrant for recovery of arrears amounting to Rs.8,43,341/- has been issued against the petitioner, whereagainst this writ petition has been filed.

6. A bare perusal of the impugned order reveals that the Executing Court has neither discussed the particulars of the amounts deposited by petitioner, nor assigned any reason as to how arrears of mesne profits amounting to Rs.8,43,341/- were found due against petitioner. The impugned order is cryptic, non-speaking and unreasoned. It is apparent that the Presiding Officer, Rent Tribunal, Alwar, has passed the impugned order without due application of mind.

7. Consequently, the impugned order dated 30.05.2026 is set aside. The Executing Court is directed to reconsider the matter afresh, and thereafter, shall pass a speaking and reasoned order, in accordance with law.

8. Accordingly, the present writ petition stands disposed of.

9. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin Sharma/ 11

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead