Rajasthan High Court - Jodhpur
Lrs Of Pushpa Mundra vs Shamsher Khan on 14 September, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 284/2022
In
S.B. Civil Writ Petition No. 10622/2022
1. Lrs Of Pushpa Mundra, W/o Late Shri Ramdas Mundra
1/1 Smt. Kiran Lohiya D/o Late Shri Ramdas Mundra W/o Shri
Kuntal Lohiya, Aged About 49 Years, R/o Boriwali West,
Mumbai, Maharashtra.
1/2 Rinku D/o Late Shri Ramdas Mundra W/o Shri Dau Lal
Soni, Aged About 47 Years, R/o Lal Sagar, Jodhpur,
Rajasthan.
----Petitioners
Versus
1. Shamsher Khan S/o Shri Sheikh Azeem Khan, Address
Bake And Bite, Shop No. 2, Mundra Bhawan, 1St B Road,
Near Gole Building, Sardarpura, Jodhpur, Rajasthan.
2. Shamsher Khan S/o Shri Sheikh Azeem Khan, Aged About
30 Years, R/o Sanjay C Colony Pratap Nagar, Jodhpur And
Also Through M/s Bake And Bite, Shop No. 2 Mundra
Bhawan, 1St B Road, Near Gole Building, Sardarpura,
Jodhpur, Rajasthan. (Applicant)
----Respondents
For Petitioner(s) : Mr. Manish Patel
For Respondent(s) : Mr. Anirudh Purohit
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 14/09/2022 Heard learned counsel for the parties.
The notice of the present Misc. application for recalling the order dated 27.07.2022 is received by Mr. Manish Patel, learned counsel for the petitioner.
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(2 of 2) [WMAP-284/2022] An application for recalling the order dated 27.07.2022 has been filed by the applicant-Shamsher khan who is defendant-tenant before the learned Rent Tribunal. Learned counsel for the applicant submits that the application for bringing the legal representatives of petitioner - Smt. Pushpa Mundra is pending consideration before the learned Rent Tribunal, therefore, the petitioners cannot be considered as legal representatives of Smt. Pushpa Mundra.
Mr. Manish Patel, learned counsel for the petitioners does not dispute the fact that the application for bringing on record the legal representatives of Smt. Pushpa Mundra is pending consideration before the learned Rent Tribunal and the same is yet to be decided.
In these circumstances, the present Misc. Application is disposed of and it is clarified that the learned Rent Tribunal will decide the application preferred by the petitioners for bringing on record the legal representatives of Smt. Pushpa Mundra in accordance with law and the learned Rent Tribunal will not be swayed by the observation made in the order dated 27.07.2022. Learned Rent Tribunal may explore the possibility to decide the application for bringing on record the record the legal representatives as expeditiously as possible preferably within a period of 15 days from today.
(VINIT KUMAR MATHUR),J 171-Praveen/nitin/-
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