Disposed

Smt. Radha Sharma, Wife of Mahesh Chand Sharma v. Ramulal, Son of Narayan Yadav

Rajasthan HC7 Aug 2024CW/4214/2024

Case brief

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What is this about?

The High Court disposed of a writ petition seeking directions for expeditious disposal of a civil suit for eviction pending for over 18 years. The court directed the trial court to decide within six months, discourage unwarranted adjournments, and impose costs for delays.

What did the court decide?

The writ petition was disposed of with directions to the trial court to decide the suit within six months, avoid unwarranted adjournments, and impose costs for delay.

Smt. Radha Sharma, Wife of Mahesh Chand Sharma Vs… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:33770]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4214/2024

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Smt. Radha Sharma, Wife Of Mahesh Chand Sharma, Aged About 80 Years, R/o House No. 687, Bandri Ka Nasik, Subhash Chowk, Jaipur (Rajasthan).

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----Petitioner/ Plaintiff/ Landlord

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Versus

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Ramulal, Son Of Narayan Yadav, Choti And Badi Shop No. 1, South Facing, Near Bharat Cinema, Motor Stand, Chandvaji Road, Chomu, District Jaipur.

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----Respondent/ Defendant/ Tenant

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For Petitioner(s) : Mr. Mohd. Adil For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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07/08/2024

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Petitioner-plaintiff has filed this writ petition under Article 227 of the Constitution of India, seeking direction for expeditious disposal of Civil Suit No.121/2005 pending before the Court of Additional Civil Judge & Metropolitan Magistrate No.17, Jaipur Metropolitan II.

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Counsel for petitioner-plaintiff contends that the civil suit for eviction under Section 106 of the Transfer of Property Act has been filed wayback in the year 2005, wherein after framing of issues, plaintiff’s evidence has been concluded and suit proceedings are pending at the stage of recording defendant’s evidence since 04.01.2023.

[2024:RJ-JP:33770]

[CW-4214/2024]

(2 of 2)

It has been submitted that defendant by adopting dilatory tactics, delaying the proceedings of present civil suit, therefore, the instant writ petition has to be filed.

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Having considered the nature of suit and age of litigation as much as the stage of present civil suit, this Court deems it just and proper that the trial Court shall make endeavor to decide the suit expeditiously and preferably within a period of six months from the next date already fixed, if possible. No unwarranted adjournments to any of the parties be granted without any just and reasonable cause and if need arises, the trial Court may impose cost against any party, in order to deter the delay in the proceedings.

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Accordingly, the writ petition is disposed of.

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All pending application(s), if any, stand(s) disposed of.

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A copy of this order be sent to the trial Court forthwith.

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(SUDESH BANSAL),J

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RONAK JAIMAN/37

Smt. Radha Sharma, Wife of Mahesh Chand Sharma v. Ramulal, Son of Narayan Yadav

Case brief

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Smt. Radha Sharma, Wife of Mahesh Chand Sharma v. Ramulal, Son of Narayan Yadav

Case brief

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What did the court decide?

What the court decided

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