This writ petition sought a direction to expedite disposals of a pending appeal. The court, relying on Supreme Court observations regarding speedy disposal of eviction cases for bona fide landlord needs, directed the Additional District No.1 Gangapur City to decide Appeal No.11/2022 preferably within one year.
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[2023/RJJP/004122]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4362/2023
Mukesh Kumar S/o Govind Prasad, Aged About 45 Years, R/o Pattal Dauna Wali Gali, Gangapur City
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Mukesh Kumar } present in person For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
14/03/2023
The instant writ petition has been filed by the petitioner(s) with the prayer to direct the Additional District No.1, Gangapur City, District Sawaimadhopur to decide the Appeal No.11/2022 expeditiously.
The Hon’ble Supreme Court in the matter of Hameed Kunju vs. Nazimin , reported in (2017) 8 Supreme Court Cases 611 , wherein it has been held as under:-
“43. Before parting, we consider it apposite to observe that the object of the Rent Laws all over the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the landlord seek eviction for his bona fide need.
44. We sincerely feel that the eviction matters should be given priority in their disposal at all stages of litigation and especially where the eviction is claimed on the ground of bona fide
(2 of 2)
[2023/RJJP/004122]
[CW-4362/2023]
need of the landlord. We hope and trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases.“
In that view of the matter, the writ petition is disposed of with a direction to the Additional District No.1, Gangapur City, District Sawaimadhopur to decide the Appeal No.11/2022 preferably within a period of one year.
(INDERJEET SINGH),J
JYOTI /107
2 issues framed by the court
Whether the Additional District No.1, Gangapur City, District Sawaimadhopur should be directed to decide Appeal No.11/2022 expeditiously.
Whether the eviction matter should be given priority in disposal in view of bona fide need of the landlord.
Colour shows how this judgement treated each authority
Hameed Kunju vs. NaziminReferred¶15
(2017) 8 Supreme Court Cases 611
Mukesh Kumar
Govind Prasad
Santosh Kumar
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
