Rajasthan High Court - Jaipur
Tapadiya Bagichi Trust vs Ghisalal S/O Late Nathuram on 8 July, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10936/2019
1. Tapadiya Bagichi Trust, Sikar Through Its Working Trustee
Vijay Kumar S/o Late Shivbhagwan Biyani, Sikar (Raj)
2. Vijay Kumar S/o Late Shivbhagwan Biyani, Aged About 52
Years, B/c Biyani, R/o Sikar, Rajasthan , Working Trustee
Tapadiya Bagichi Trust, Station Road, Sikar
3. Girija Shankar S/o Late Madanlal, Aged About 57 Years,
B/c Jalan, R/o Sikar, Rajasthan , Working Trustee
Tapadiya Bagichi Trust, Station Road, Sikar
----Petitioners
Versus
1. Ghisalal S/o Late Nathuram, Aged About 69 Years, B/c
Saini, Below Tapadiya Bagichi, Sri Saini, Gift Center,
Station Road, District Sikar, Tenant
2. Puranmal S/o Late Nathuram, Aged About 67 Years, B/c
Saini, Below Tapadiya Bagichi, Sri Mahalaxmi Bartan
Bhandar, Station Road, District Sikar- Sub Tenant
3. Shankarlal S/o Late Ramvallabh Tapadiya, Aged About 57
Years, B/c Mahajan, R/o Tapadiya Bagichi, New City Sikar
----Respondents
For Petitioner(s) : Mr. Ripunjay Sharma, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
08/07/2019
The instant writ petition has been filed by the petitioners seeking a direction to decide the appeal No.20/2012 pending before the Appellate Rent Tribunal, Sikar.
Learned counsel has submitted that the Rent Tribunal while its order dt.21.05.2012 had given direction to handover the possession of the property in question within a period of three (Downloaded on 30/08/2019 at 09:55:03 PM) (2 of 2) [CW-10936/2019] months. Learned counsel has submitted that on appeal being preferred in the year 2012 itself, the respondents-tenant sought time for one reason or another and the case was adjourned all the time.
Learned counsel has drawn attention of this Court towards order-sheets drawn by the Appellate Court where the time had been sought by the respondents to make arrangement to appoint the lawyer to argue the case.
This Court further finds that on several occasions adjournment was sought for bringing the lawyer. This Court finds that the appeal which is pending before the Tribunal since the year 2012, should have been disposed of by the Appellate Tribunal in expeditious manner. This Court further finds that the Appellate Tribunal has given adequate opportunity to the respondents to make arrangement for arguing the matter finally but the appeal has not been decided so far.
This Court disposes of the present writ petition with a direction to the Appellate Rent Tribunal, Sikar to dispose of the appeal No.20.2012 in expeditious manner but in no case later than four months from the date of receipt of copy of this order.
(ASHOK KUMAR GAUR),J Ashish Kumar /369/62 (Downloaded on 30/08/2019 at 09:55:03 PM) Powered by TCPDF (www.tcpdf.org)