Intra-court appeal against dismissal of writ petition challenging Rent Tribunal orders. Court condoned delay of 32 days under Section 5 of Limitation Act but dismissed appeal as no case for interference established.
Delay condoned; appeal dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 46/2020
In
S.B. Civil Writ Petition No. 16753/2019
----Appellants
Versus
(2 of 3)
[SAW-46/2020]
Mansarovar, Jaipur.
----Respondents
For Appellant(s) : Mr. M.M. Ranjan Sr. Adv. with Mr. Lokesh Tiwari For Respondent(s) :
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
06/02/2020
This intra court appeal is directed against the order dated 15.10.2019 passed by the learned Single Judge of this Court, whereby, the writ petition preferred by the appellants challenging the order dated 30.03.2019 passed by the Rent Tribunal, Jaipur and the order dated 16.09.2019 passed by the Appellate Rent Tribunal, has been dismissed on merits. However, on the prayer made by the appellants, time was granted to vacate the premises.
The appeal reported to be barred by limitation for 32 days, is accompanied by an application under Section 5 of the Limitation Act.
For the reasons stated in the application, the same is allowed. The delay in filing the appeal is condoned.
Heard.
Learned counsel submits that counsel appearing for the appellants never made a statement before the learned Single Judge not to press the writ petition on merits and thus the order impugned passed by the learned Single Judge recording that the petition is not pressed on merits, is erroneous. It is pertinent to note that in the memo of appeal, the appellants have nowhere set
(3 of 3)
[SAW-46/2020]
out the case that their statement in the order regarding writ petition being not pressed on merits, is wrongly recorded.
In any case; if the statement of the counsel in the order passed by the learned Single Judge is wrongly recorded, the remedy available to the appellants is to approach the learned Single Judge by way of appropriate application.
No case for interference by us in intra Court appeal jurisdiction is made out.
The appeal is therefore, dismissed.
(MAHENDAR KUMAR GOYAL),J
(SANGEET LODHA),J
Sudha/56
1 issue framed by the court
Whether the intra-court appeal is barred by limitation and if the delay should be condoned.
Principal/ Headmaster Jaipur Siksha Samiti, Secondary School, Chowkri Purani Basti & Others
Om Prakash & Others
SANGEET LODHA
MAHENDAR KUMAR GOYAL
As recorded by the court registry
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