Dismissed

Pooja Gupta v. Lrs of Late Shri Bhanwar Khan

Rajasthan HC5 Jul 2024CW/2608/2023

Case brief

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What is this about?

In a writ petition challenging a dismissal of an appeal against an eviction decree, the High Court dismissed the petition. The court noted the petitioner had failed to comply with a one-year undertaking granted on 09.03.2023 to vacate the property and refused indulgence due to this non-compliance.

What did the court decide?

Executory liberty granted to respondents to execute the eviction decree; stay petition and pending applications disposed of.

Pooja Gupta Vs Lrs of Late Shri Bhanwar Khan — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:27184]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2608/2023

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Pooja Gupta W/o Shri Rajesh Gupta, Aged About 47 Years, Through Raj Store, R/o Alakh Sagar Road, Near Taliyasar Bheruji Ki Gali, Kailashpuri, Bikaner, Rajasthan.

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----Petitioner

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Versus

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Lrs Of Late Shri Bhanwar Khan, S/o Late Shri Rahmat Khan Through His Lrs -

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(i). Smt. Soni W/o Late Shri Bhanwar Khan, By Caste Musalman, R/o 'bag E Rehmat', House No. 230, Near Shriram Hotel, Sadulganj, Bikaner, Rajasthan.

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(ii). Mohammed Ayyub Khan S/o Late Shri Bhanwar Khan, By Caste Musalman, R/o 'bag E Rehmat', House No. 230, Near Shriram Hotel, Sadulganj, Bikaner, Rajasthan.

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(iii). Yakub Ali Panwar S/o Late Shri Bhanwar Khan, By Caste Musalman, R/o 'bag E Rehmat', House No. 230, Near Shriram Hotel, Sadulganj, Bikaner, Rajasthan.

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(iv). Mohammed Amin Panwar S/o Late Shri Bhanwar Khan, By Caste Musalman, R/o 'bag E Rehmat', House No. 230, Near Shriram Hotel, Sadulganj, Bikaner, Rajasthan.

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Vijay Gupta S/o Shri Teja Ram Gupta, Through His Next Best Friend Smt. Anju Gupta W/o Shir Vijay Gupta, Koyla Gali, Near Office Of Railway Union, Alakh Sagar Road, Bikaner, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Manoj Bhandari Sr. Adv Asst by
	Mr. Ojas Gupta
For Respondent(s)	: Mr. Anurag Bhajwani for
	Mr. Manvendra Krishna Singh Bhati

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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05/07/2024

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The present writ petition has been preferred against the order dated 12.02.2018 passed by the Appellate Rent Tribunal,

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(2 of 3) [CW-2608/2023]

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[2024:RJ-JD:27184]

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Bikaner whereby the appeal as preferred by the appellant tenant against the eviction decree had been dismissed for noncompliance of the orders of the Court.

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On 09.03.2023, tenant petitioner Ms. Pooja Gupta presented herself in person before the Court and on that date she undertook that she shall vacate the premise in question within a period of one year. The said undertaking given by the petitioner was accepted by the Court and it was directed that she would be allowed to retain the possession of the premise for a period of one year and no coercive action shall be taken against her. It was further directed that she should vacate the premise in question within a period of one year from the said date.

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Learned counsel for the respondents submits that the undertaking as given by the petitioner on 09.03.2023 before this Court has not been complied till date. 4. Learned counsel for the petitioner is not in a position to refute the above submission. He however, submits that a reasonable time be granted to the petitioner to now vacate the premise.

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What is evident on record is that the petitioner, despite, giving a specific undertaking before the Court on 09.03.2023, has not complied with the same.

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In the specific opinion of this Court, the same clearly amounts to contempt of the orders of the Court. However, as no proceeding or action has been taken up by the respondents qua the same, this Court is not inclined to enter into the said issue. But then, the petitioner, who has the audacity to not comply with

(3 of 3)

[2024:RJ-JD:27184]

[CW-2608/2023]

her own undertaking and not comply with the orders of the Court,

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does not deserve any indulgence in her favour.

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The present writ petition is hence, dismissed .

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The respondents would be at liberty to get the decree of

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eviction executed, as per law.

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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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153-devanshi/-

Pooja Gupta v. Lrs of Late Shri Bhanwar Khan

Case brief

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Pooja Gupta v. Lrs of Late Shri Bhanwar Khan

Case brief

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