The High Court of Rajasthan directed the trial court to dispose of a civil suit, pending since 1974, regarding eviction, by expediting the proceedings and finalizing the decision by 31.12.2015. This was done without adjudicating the merits.
Directing trial court to dispose of the pending suit by 31.12.2015.
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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN AT JAI PUR BENCH, JAI PUR
S.B. Civil Writ Petition No.2001/ 2015
Ratan Chand Sogani & Ors.-Petitioners Versus Shyam Sunder (deceased) & Ors.-Respondents
Date of Order-: : -21st May, 2015
Hon ' ble Ms. Ju st ice Bela M. Tr iv edi
Mr. J.P. Goyal Senior Counsel with Mr. Aditya Sharma, for petitioners.
The petitioners-plaintiffs in the instant petition has challenged the impugned order dated 02.12.2014 passed by the Additional civil Judge No.3, Jaipur Metropolitan, Jaipur in Civil Suit No.493/ 2002. The learned Senior Counsel Mr. J.P. Goyal for the petitioners submits that he would not seriously press for this petition but the trial court may be directed to decide the suit as expeditiously as possible, as the suit was filed way back in the year 1974 seeking eviction of the respondentsdefendants.
It is a matter of great surprise that the trial court has not been able to dispose of the suit which is pending since 1974. Hence, the trial court is directed to proceed with the suit on day to day basis, and dispose of the same, as expeditiously as possible and latest by 31.12.2015. The learned counsels for the parties are also directed to cooperate with the trial court to dispose of the suit as directed. The petition stands disposed of with this direction, without entering into the merits of the petition. By this order, the stay application also stands dispose of.
( Bela M. Tr ivedi) J.
R.Vaishnav 153.
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” Ramesh Vaishnav-Personal Assistant
1 issue framed by the court
Directions issued to trial court for expeditious disposal of a suit pending since 1974 regarding eviction.
Ratan Chand Sogani
Shyam Sunder
Bela M. Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
