Disposed

Mahant Shri Kulbhushan Das Chela Late Shri Mahant Ramkumar Dasji v. Ramesh Nayak S/O Shri Balu Ram Nayak

Rajasthan HC2 Jun 2023CW/5507/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition seeking a direction to decide a pending eviction petition expeditiously. The Court relied on a Supreme Court judgment mandating speedy disposal of eviction cases and directed the trial court to dispose of the matter within one year.

What did the court decide?

Direction to the trial court to decide Eviction Petition No.589/2018 preferably within one year.

Mahant Shri Kulbhushan Das Chela Late Shri Mahant… — Landlord and Tenant | Rajasthan HC (2023)

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[2023/RJJP/005902]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 5507/2023

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Mahant Shri Kulbhushan Das Chela Late Shri Mahant Ramkumar Dasji, Aged About 28 Years, R/o Bajrang Das Ji Ki Bagichi, Khatipura Road, Jhotwara, Jaipur.

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----Petitioner

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Versus

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Ramesh Nayak S/o Shri Balu Ram Nayak, Aged About 47 Years, R/o Plot No. 4 Joshiyon Ka Mohalla, Behind Lata Cinema, Kalwad Road, Jaipur (Raj.) Tenant Sonu Electricals, Outside Bajrang Das Ji Ki Bagichi, Khatipura Road, Jhotwara, Jaipur.

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----Respondent

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For Petitioner(s) : Mr. Vipul Jain For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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06/04/2023

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The instant writ petition has been filed by the petitioner(s) with the prayer to direct the Additional Senior Civil Judge and Additional Chief Metro Magistrate, Jaipur Metro-I, Jaipur to decide the Eviction Petition No.589/2018 expeditiously. Counsel for the petitioner(s) submitted that the eviction petition is pending before the Additional Senior Civil Judge and Additional Chief Metro Magistrate, Jaipur Metro-I, Jaipur since 2018 and the same may be directed to be decided expeditiously.

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In support of contentions, counsel relied upon the judgment passed by 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:-

(2 of 2)

[2023/RJJP/005902]

[CW-5507/2023]

“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 need of the landlord. We hope and trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases.“

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In that view of the matter, the writ petition is disposed of with a direction to the Additional Senior Civil Judge and Additional Chief Metro Magistrate, Jaipur Metro-I, Jaipur to decide the Eviction Petition No.589/2018 preferably within a period of one year.

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(INDERJEET SINGH),J

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JYOTI /144

Mahant Shri Kulbhushan Das Chela Late Shri Mahant Ramkumar Dasji v. Ramesh Nayak S/O Shri Balu Ram Nayak

Case brief

What is this about?

What did the court decide?

Mahant Shri Kulbhushan Das Chela Late Shri Mahant Ramkumar Dasji v. Ramesh Nayak S/O Shri Balu Ram Nayak

Case brief

What is this about?

What did the court decide?

What the court decided

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