Rajasthan High Court - Jaipur
Smt Sushila Devi vs Shri Krishan Kumar Singh Ors on 29 February, 2012
In The High Court Of Judicature For Rajasthan Bench At Jaipur SB Civil Writ Petition No.77 of 2012 Smt. Sushila Devi v. Krishan Kumar Singh & others Date of order 29.2.2012 Hon'ble Dr. Meena V. Gomber, J. Mr. Anant Kasliwal with Mr. K. Verma, for petitioner
By way of this writ petition the petitioner (plaintiff-respondent) has sought directions for expeditious disposal of civil regular appeal no.35/2009 (old nos.33/2006, 67/2002, 33/2006 & 67/2002 and 8/1999) pending before the court of Additional District Judge (Fast Track) No.6, Jaipur Metropolitan Jaipur.
Briefly stated facts of the case are that the petitioner had filed a civil suit bearing no.442/1987 for eviction, recovery of rent and damages wherein following reliefs had been sought :-
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(?.) ???? ?????? ?? ?????? ????? ?????? ?????? ??, ?????? ?? ?????'' The said suit was decreed against the respondents on 16.1.1999. In March 1999 the respondent (defendants) filed regular civil appeal bearing no.8/1999 in the court of District Judge, Jaipur City which was transferred to various courts of Additional District Judges, and is presently pending before the Court of Additional District Judge (Fast Track) No.6, Jaipur Metropolitan. The petitioner's grievance is that even after passing of more than 13 years the appeal has not been disposed of and is pending before the court of Additional District Judge (Fast Track) No.6 Jaipur Metropolitan. It was submitted that the respondents are bent upon delaying the disposal by filing various frivolous and baseless applications with malicious intention to delay execution of the impugned judgment and decree dated 16.1.1999, and the learned appellate court has not been able to curb the delaying tactics which are being adopted by the respondents and that this fact is apparent from the order-sheets before the appellate court that the respondents have filed about 30 applications and all these applications have been dismissed. The petitioner has sought direction to the first appellate court to dispose of the appeal expeditiously by listing it for hearing on day to day basis.
I have considered the arguments and looked into the record. In the facts and circumstances of the case it appears just and proper to dispose this petition by directing the first appellate court, the Court of Additional District Judge (Fast Track) No.6, Jaipur Metropolitan, to dispose of the civil regular appeal no.35/2009 (old nos.33/2006, 67/2002, 33/2006 & 67/2002 and 8/1999) within a period of two months from the date of receipt of this order, by taking it on day to day basis and even if some applications are filed, they be disposed along with the final judgment. The writ petition, accordingly, stands disposed.
(Dr. Meena V. Gomber) J.
db [All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.] Deepankar Bhattacharya PS