Rajasthan High Court - Jaipur
Smt. Vidhya Devi vs Mohan Lal Gupta S/O Shri Dwarika Prasad ... on 7 January, 2020
Author: Prakash Gupta
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 20370/2019
1. Smt. Vidhya Devi, Deceased
1/1. Tilok Kumar Kapoor, Aged About 73 Years, S/o Late Shri
Ishwar Dutt Kapoor By Caste Khatri, R/o C-28, Ranjeet
Nagar, Bharatpur.
1/2. Naresh Kumar Kapoor, Aged About 68 Years, S/o Late
Shri Ishwar Dutt Kapoor By Caste Khatri, R/o C-28,
Ranjeet Nagar, Bharatpur.
1/3. Tilak Raj Kapoor, Aged About 56 Years, S/o Late Shri
Ishwar Dutt Kapoor By Caste Khatri, R/o C-28, Ranjeet
Nagar, Bharatpur.
1/4. Rajendra Kumar Kapoor, Aged About 62 Years, S/o Late
Shri Ishwar Dutt Kapoor By Caste Khatri, R/o C-28,
Ranjeet Nagar, Bharatpur.
1/5. Rajesh Kumar Kapoor, Aged About 57 Years, S/o Late Shri
Ishwar Dutt Kapoor By Caste Khatri, R/o C-28, Ranjeet
Nagar, Bharatpur.
1/6. Rakesh Kumar Kapoor, Aged About 57 Years, S/o Late
Shri Ishwar Dutt Kapoor By Caste Khatri, R/o C-28,
Ranjeet Nagar, Bharatpur.
1/7. Lily @ Seema Patni W/o Sh. Rajesh Patni D/o Late Shri
Ishwar Dutt Kapoor, By Caste Khatri, R/o C-41, Lajpat
Nagar Delhi.
----petitionerss
Versus
Mohan Lal Gupta S/o Shri Dwarika Prasad Gupta, Aged About 68
Years, M/s Furniture Palace, Near Kumher Gate Bharatpur (Raj.)
----Respondent/Tenant
For petitioners(s) : Mr. J.K. Moolchandani
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
07/01/2020
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(2 of 2) [CW-20370/2019]
By this writ petition under Article 227 of the
Constitution of India the petitioners have prayed for expeditious
disposal of the appeal No.7/2016 (Mohanlal Gupta Vs. Smt. Vidhya
Devi (deceased) through LRs) pending before the Appellate Rent
Tribunal, Bharatpur.
It is submitted by learned counsel for the petitioners
that the eviction application under Sections 9 and 15 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as "the Act of 2001") was filed by the petitioners in the year 2015 before the Rent Tribunal, Bharatpur which was allowed vide its judgment dated 11.01.2016, against which the non-petitioner filed an appeal in the year 2016. The appeal is pending since then before the Appellate Rent Tribunal and adjournments are being granted by the Appellate Rent Tribunal without just cause, causing grave prejudice to the petitioners. Learned counsel for the petitioners submitted that in this view of the matter, the Appellate Rent Tribunal be directed to decide the same expeditiously.
Having regard to the submissions made by the learned counsel for the petitioners and in view of the fact that appeal is pending since 2016, the writ petition is deserves to be allowed.
Consequently, the writ petition is allowed and the Appellate Rent Tribunal, Bharatpur, is directed to decide the appeal No.07/2016 pending before it expeditiously but not later than six months from the date of receipt of certified copy of this order.
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