Disposed

Smt. Premlata Agarwal W/O Shri Dwarkadas Agarwal v. Shri Mohammad Shabir S/O Late Shri Mohammad Hussain Grand Son of Ballu Khan

Rajasthan HC20 Aug 2024CW/13460/2024

Case brief

AI extract

What is this about?

The petitioners approached this Court seeking direction for the Trial Court to conclude pending Rent Control proceedings expeditiously. The Court directed the Trial Court to conclude the case within one year and the petitioners to submit a certified copy of the order within two weeks.

What did the court decide?

Directed the learned Tribunal to conclude proceedings under Section 9 within one year from receipt of certified copy of this order.

Smt. Premlata Agarwal W/O Shri Dwarkadas… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:35104]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13460/2024

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Smt. Premlata Agarwal W/o Shri Dwarkadas Agarwal, Aged About 58 Years, Through Power Of Attoney Holder Kailash Chand Jain S/o Late Shri Ghasilal Ji Rana R/o Plot No. 15, Ganesh Vihar 7, Village Macheda, Jaipur (Raj).

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Kailash Chand Jain S/o Late Shri Ghasilal Ji Rana, Aged About 63 Years, R/o House No. 440, Rana Bhawan, Nataniyon Ka Rasta, Lal Ji Sand Ka Rasta, Tripoliya Bazaar, Jaipur At Present Resident Of 56, Bhagwati Nagar First, Kartarpura, Jaipur (Raj).

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----Petitioners

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Versus

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Shri Mohammad Shabir S/o Late Shri Mohammad Hussain Grand Son Of Ballu Khan, Aged About 46 Years, Tenant House No. 347, Bakshi Ji Ka Chowk, Mehandiyon Ka Chowk, Chokri Ghat Darwaja, Ramganj Bazaar, Jaipur. Resident Of 508-509, Namak Ki Mandi, Kishanpole Bazaar, Jaipur (Raj).

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----Respondent

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

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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20/08/2024

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Learned counsel for the petitioners does not press this petition. Alternatively, counsel submits that he would be satisfied if trial court is directed to conclude the proceedings at the earliest. He submits that application under Section 9 of Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001” for brevity) has been filed in August 2023. Counsel submits that one year has already been passed. Presently, case is pending for recording evidence of the parties. He further submits that notice

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(2 of 2) [CW-13460/2024]

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[2024:RJ-JP:35104]

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of application under Section 9 of the Act of 2001 has been served upon respondent-tenant. Relying upon the provisions of subsection 5 of Section 15 of the Act, counsel submits that proceedings under Section 9 pending before learned Tribunal should be culminated within a period of 240 days from the date of service of notice on the tenant.

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Considering the provisions made under sub-section 5 of Section 15 and the period of pendency of litigation, which is about one year, learned Tribunal is requested to conclude the proceedings within a period of one year from the date of receipt of certified copy of this order.

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Petitioners are directed to submit certified copy of this order before learned Tribunal within a period of two weeks from today.

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With the aforesaid directions, this petition is disposed of.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /93

Smt. Premlata Agarwal W/O Shri Dwarkadas Agarwal v. Shri Mohammad Shabir S/O Late Shri Mohammad Hussain Grand Son of Ballu Khan

Case brief

What is this about?

What did the court decide?

Smt. Premlata Agarwal W/O Shri Dwarkadas Agarwal v. Shri Mohammad Shabir S/O Late Shri Mohammad Hussain Grand Son of Ballu Khan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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