Rajasthan High Court - Jaipur
Kedar And Others vs Lalit Mohan Singtia on 29 May, 2012
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL MISC. APPLICATION No.986/2012 Kedar & Anr v/s Lalit Mohan Singatiya Date of Order ::: 29.5.2012 HON'BLE DR. JUSTICE SMT. MEENA V. GOMBER Shri Ved Pal Shastri, for applicant/defendant. In this miscellaneous application the applicant (defendant) who is tenant in disputed premises and against whom suit for eviction was filed by the respondents/plaintiffs, has assailed the order dated 16.5.2012 passed by the learned Civil Judge (Jr. Div.) Chirawa in Civil Suit No.154/97 (26/89).
By way of impugned order, request of the respondents/plaintiffs for filing reply to the application taking written arguments on record filed by the defendant, was allowed and the matter was directed to be listed on 30.3.2012 for final arguments.
Grievance of the applicant is that in a suit filed by the plaintiff (respondent) in 1989 seeking eviction of applicant from the disputed premises, the plaintiff (respondent) did not file his evidence to prove his case despite having obtained 35 hearings for the purpose whereupon his evidence was closed and the petition filed by him was also dismissed with a cost of Rs.5,000/-. The respondent (plaintiff) has not persued his suit properly and even did not cross examine him despite 2 having been given ample opportunities. According to the learned counsel for the applicant, the writ petition filed by him was also dismissed on 7.5.2012 as against which no restoration application was filed by him. The limited prayer made by the learned counsel for applicant is that the learned Trial Court be directed to fix the date for final arguments and to dispose off the suit within a given time frame.
After having gone through the record, I feel that the prayer is just and reasonable. Civil suit filed by the respondent in 1989 is pending for final arguments for a long time. Written arguments have already been filed by the applicant with liberty to the respondents to file it if he so desires. The date given is 30.5.2012 which is tomorrow.
In view of ensuing sumer vacations from 31.5.2012 when civil work will remain suspended, the present application is disposed with the direction to the learned Trial court to list the case for arguments on 3.7.2012 and ensure its final hearing and disposal within one month after 3.7.2012.
The application stands disposed accordingly.
(Dr. MEENA V. GOMBER),J.
Chauhan/ All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
(Raj Kumar Chauhan), PA