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Rajasthan High Court - Jaipur

Om Prakash Son Of Shri Vijay Chand Vaidh vs Sitaram Son Of Shri Ramji Lal on 19 August, 2019

Author: Alok Sharma

Bench: Alok Sharma

                                         1

     IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                             AT JAIPUR BENCH

                                     ORDER

                     (S.B. Civil Writ Petition No.13730/2019)

Om Prakash son of Shri Vijay Chand Vaidh, aged about 69 years, resident of
Jaipur Chokadi Ghat Darwaja Kundigaron ke Bheru ji ka Rasta Second
Chauraha ke pass, Tikki Walon ka Mohalla Jaipur (Rajasthan)

                              - - - Petitioner- Respondent No.1-Decree Holder

                                      Versus

1. Sitaram son of Shri Ramji lal, by caste Mahajan Khandelwal, resident of A-
17, Sitarampuri, Heeda ki mori, Surajpole Bazar, Jaipur.
2. Rambabu son of Shri Ramji Lal by caste Mahajan Khandelwal, resident of
Flat No.305, D-15, Sidhi Vinayak Meera Marg Banipark Jaipur.
                                      - - - Respondents- Appellants- Objectors
3. Anita Daughter of Shri Ramjilal wife of Shri Satya Narain by caste Mahajan,
Resident of C-47, Bheru ji ka Nala, Laxmi Naraianpuri, Surajpole Jaipur.
4. Pratibha daughter of Shri Ramji Lal wife of Shri Satish Chandra by caste
Mahajan resident of Tambi Bhawan, Naya Katla, Dausa.
                                            - - - Proforma Respondents No.3&4.
5. Smt. Ramkanya Bai alias Vidhawati wife of Shri Mohan Lal ji, by caste
Brahman resident of Jaipur Chowkdi Modi Khana Rasta, Achariyan Achariyan
ki Haveli.
                               - - - Respondent No.2- LR's of judgment debtor


Date of Order:                                                  August 19, 2019


                                   PRESENT
          HON'BLE MR. JUSTICE ALOK SHARMA

Mr. Sudesh Bansal, for the Petitioners.

BY THE COURT:

This petition has been filed with the prayer to direct the Additional District Judge No.1, Jaipur Metropolitan, Jaipur to decide at an early date the appeal No.1/2018, titled Sita Ram & Others Vs. Om Prakash & Others.

Counsel for the petitioners submits that the petitioners-landlords (Downloaded on 28/08/2019 at 10:25:32 PM) 2 filed a suit for eviction of respondents-tenants from the tenanted shop which was dismissed on 5-12-2017. The landlords preferred an appeal thereagainst, after service of tenants, counsel for the tenants appeared and sought adjournments. However the appeal is pending since thereafter.

Having heard learned counsel for the petitioner, and perused the material available on record, I find that the prayer sought for is reasonable. The Appellate court is directed to expeditiously decide the appeal filed by the landlord and in any event not later than twelve months from the date of receipt of the certified copy of this order. It is further directed that in the event of filing of frivolous applications the same be decided on the same day or the following day by a reasoned and speaking order, and when necessary cost be also imposed as a measure of regulation of court proceedings.

The writ petition stands allowed accordingly.

(Alok Sharma), J.

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