Disposed

Vishnu Dutt v. Smt. Mem

Rajasthan HC29 Aug 2024CW/14049/2024

Case brief

AI extract

What is this about?

This order disposed of a writ petition praying for speedy disposal of an appeal pending before the Appellate Rent Tribunal, Bikaner. The court observed the indefinite pendency and directed the Tribunal to decide the appeal within six months.

What did the court decide?

Direction to the Appellate Rent Tribunal, Bikaner to decide the appeal expeditiously within a period of six months from the date of receipt of certified copy of the present order.

Vishnu Dutt Vs Smt. Mem — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:35761]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 14049/2024

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Vishnu Dutt S/o Shri Champa Lal, Aged About 67 Years, Resident Of Darjiyo Ki Gavasd, District Bikaner (Raj.).

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----Petitioner

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Versus

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Smt. Mem W/o Shri Babulal, R/o Outside Sithla Gate, District Bikaner (Raj.).

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Shaukat S/o Shri Babulal, R/o Outside Sithla Gate, District Bikaner (Raj.).

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Mangi Lal S/o Shri Babulal, R/o Outside Sithla Gate, District Bikaner (Raj.).

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Bhuriya S/o Shri Babulal, R/o Outside Sithla Gate, District Bikaner (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Nishank Madhan

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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29/08/2024

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The present petition has been preferred with a prayer that the learned Appellate Rent Tribunal, Bikaner be directed for speedy disposal of the appeal pending before it.

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Learned counsel appearing for the petitioner submits that the matter is pending before the Appellate Rent Tribunal at the stage of final hearing since 19.10.2023 and therefore, appropriate direction deserves to be issued to the Appellate Rent Tribunal to decide the appeal within the stipulated time.

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In the opinion of this Court, in absence of any statistics regarding the institution, pending and disposal of the cases before the concerned Tribunal, no sweeping direction can be passed to

[2024:RJ-JD:35761]

[CW-14049/2024]

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decide a particular case on priority. Passing such order, in the opinion of this Court, would interfere with the cause list of the concerned Court/Tribunal and the corresponding priorities of the other pending matters.

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But then, in the present matter, after the appearance of both the parties before the Appellate Rent Tribunal on 26.04.2023, the record of the Rent Tribunal was summoned and the matter was posted for 27.07.2023.

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A bare perusal of the order sheets of the learned Appellate Rent Tribunal (Annexure-3) as placed on record makes it clear that the matter is being adjourned by the Tribunal for arguments, since then. The Tribunal cannot be said to be justified in keeping the matter pending at the stage of final hearing for an indefinite period.

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In view of the above observations, the present writ petition is disposed of with a direction to the Appellate Rent Tribunal, Bikaner to decide the appeal expeditiously, in any case, within a period of six months from the date of receipt of certified copy of the present order.

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Stay petition and all pending applications, if any, stand disposed of .

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(REKHA BORANA),J

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24-Vij/-

Vishnu Dutt v. Smt. Mem

Case brief

What is this about?

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Vishnu Dutt v. Smt. Mem

Case brief

What is this about?

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