The Rajasthan High Court refused to entertain a writ petition seeking a direction for expedited hearing of an eviction application before the Rent Tribunal, citing established precedents that caution against interfering with court priorities.
Petition dismissed; stay and pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:36257]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 9521/2024
Bilamchand S/o Lt. Shri Hastimal Ji, Aged About 80 Years, R/o Dhanwantri Apartments, Flat No. 3, Near Poornima Cinema, Raichur, Karnataka, Presently Residing At Jodhpur.
----Petitioner
Versus
Anil Goyal S/o Ramswaroop Ji, Aged About 56 Years, R/o Shop No. 12, Kankariya Building, Inside Jalori Gate, Jodhpur.
----Respondent
For Petitioner(s) : Ms. Priyanka Bhootra For Respondent(s) : Ms. Swati Shekhar
HON'BLE MS. JUSTICE REKHA BORANA
Order
02/09/2024
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[CW-9521/2024]
(2 of 3)
Constitution simply for the purpose of expediting the hearing of a suit. Such orders, if granted, place a class of litigants, who move the Court in a separate and preferential category whereas other cases which may be of similar or great antiquity and urgency are left to be decided in the normal channel. Therein, the Court further observed as under:
“Hence, any such direction may be issued with the greatest case and circumspection by the High Court otherwise the Civil Courts will be overburdened only with requests for expeditious disposal of suits, which have been expedited by the High Court. Most of the litigants cannot afford the expenses of moving the High court and would not, therefore, be in a position to have the benefit of such an order.
Ultimately, it must be left to the judicious exercise of discretion of the concerned Court to determine whether a ground for urgency has been made out. We emphasize that there may be other cases such as involving senior citizens, those who are differently abled or people suffering from a particular disability socio-economic or otherwise which may prime cause of urgent disposal. It is for the learned Trial Judge in each case to apply his or her mind and decide whether the hearing of the suit to be expedited.”
“We are of the opinion that power to direct expeditious disposal of suit or for that matter any lis which, in sum and substance, means out of turn disposal is to be exercised sparingly in extraordinary circumstances and not in a routine manner. It is fit to be exercised only when the Court comes to the conclusion that delay would cause gross injustice. However, while deciding this issue, the Court would bear in mind that it does not cause injustice to other litigants, who are waiting for justice from before because the very nature of order delays cases filed earlier. It causes resentment and dissatisfaction to those who are
(3 of 3)
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waiting for justice from before. It should be exercised only when it comes to the notice of this Court that Judge in seisin of the case is purposely avoiding to dispose of the suit for any oblique motive, which may defeat the justice. An order for expeditious disposal in a routine manner can not be countenanced.”
(REKHA BORANA),J
1-T.Singh/-
2 issues framed by the court
Whether a writ petition can be entertained to direct the Rent Tribunal to expedite the hearing of an eviction application.
Whether directions for out-of-turn disposal of suits should be passed routinely to grant preferential status to a class of litigants.
Colour shows how this judgement treated each authority
Ali Shad Usmani vs. Ali IstebaReferred¶14
Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB)
Km. Shobha Bose v. Judge Small Causes & Ors.Referred¶21
Km. Shobha Bose v. Judge Small Causes & Ors.; 2011 (88) ALR 850
2 provisions across 1 enactments
Bilamchand S/o Lt. Shri Hastimal Ji
Anil Goyal S/o Ramswaroop Ji
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
