Alis Garg Wife of Late K.B. Garg Vs Avivir Business Pvt. Ltd. — Rajasthan HC (2025) — LawSathi Research

Alis Garg Wife of Late K.B. Garg Vs Avivir Business Pvt. Ltd. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 03.09.2025 of the Rent Tribunal No.2, Jaipur Metropolitan-I set aside; petitioner permitted to cross-examine respondent-Ujjawal Bhandari (PW-1)/any other witness, if any, with cross-examination to be concluded within one month from 13.10.2025 (next date before the learned Rent Tribunal); all other pending applications disposed of.

Issue for consideration

Whether the impugned order of the Rent Tribunal declining the petitioner's prayer to cross-examine Ujjawal Bhandari (PW-1) should be set aside and the cross-examination permitted.

Court's answer

On the consensus reached (respondent's counsel having instructions that the impugned order be set aside), the impugned order dated 03.09.2025 is set aside and the petitioner is permitted to cross-examine the respondent-Ujjawal Bhandari (PW-1)/any other witness, if any.

Ratio / Principle

The cross-examination of the respondent and witnesses (if any) shall be concluded within a period of one month from the next date fixed before the learned Rent Tribunal, i.e., 13.10.2025.

Key takeaways

All other pending application(s), if any, stand disposed of.ratio¶21

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Maneesh Sharma, J.), S.B. Civil Writ Petition No. 14419/2025, decided 10/10/2025. The petitioner (Alis Garg) challenged the order dated 03.09.2025 of the Rent Tribunal No.2, Jaipur Metropolitan-I in Application No.29/2025 (Avivir Business Pvt. Ltd. Vs. Alis Garg), whereby her prayer to cross-examine Ujjawal Bhandari (PW-1) was declined. Petitioner's counsel invoked Section 21 of the Rajasthan Rent Control Act, 2001 and Division Bench decisions in Aasandas Vs. State of Rajasthan & Ors. (RLW 2005 (2) Raj.) and Ramswaroop Vs. Charanjeet Singh & Ors. (2007 (4) RLW). Upon instructions, respondent's counsel stated that the impugned order may be set aside and the opportunity to cross-examine PW-1 or his witnesses granted, suggesting conclusion of cross-examination within one month from the next date fixed (13.10.2025). By consent, the writ petition was disposed of: the impugned order was set aside, the petitioner was permitted to cross-examine the respondent-Ujjawal Bhandari (PW-1)/any other witness, if any, with the cross-examination to be concluded within one month from 13.10.2025; all other pending applications stood disposed of.

[2025:RJ-JP:41321]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 14419/2025

Alis Garg Wife of Late K.B. Garg, aged about 70 Years, R/o. House No. A-48A, Shantipath, Tilak Nagar, Jaipur-302004 Police Station Adarsh Nagar, Jaipur.

----Petitioner

Versus

Avivir Business Pvt. Ltd., Registered Office S-7, Piyush Path, Bapu Nagar, Jaipur through its Director Ujjawal Bhandari S/o Shri Munishwar Nath Bhandari aged about 40 Years.

----Respondent

For Petitioner(s)	: Mr. Vimal Kumar Jain with
	Mr. Jitendra Mohan Jain
	Mr. Shubham Jain
For Respondent(s)	: Mr. L.L. Gupta

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

10/10/2025

The present writ petition has been filed by the petitioner, assailing the order dated 03.09.2025 passed by the Rent Tribunal No.2, Jaipur Metropolitan-I in Application No.29/2025 titled ' Avivir Business Pvt. Ltd. Vs. Alis Garg' , whereby the petitioner's prayer to cross-examine Ujjawal Bhandari (PW-1) has been declined.

The learned counsel for the petitioner submits that the petitioner filed an application under Section 21 of the Rajasthan Rent Control Act, 2001 for allowing the petitioner to crossexamine the Ujjawal Bhandari (PW-1) to decide the real controversy on merits of the case. He further relies on the judgments passed by the Division Bench of this Court in the

(2 of 2)

[2025:RJ-JP:41321]

[CW-14419/2025]

matter of Aasandas Vs. State of Rajasthan & Ors.¹ and in the matter of Ramswaroop Vs. Charanjeet Singh & Ors.²

At the outset, learned counsel for the respondent, upon instructions of his client, submits that in order to save the precious time, he has instructions that the impugned order may kindly be set aside and the opportunity to cross-examine PW-1 or his witnesses, if any, may be granted to the petitioner. He further submits that the next date fixed in the court is 13.10.2025, therefore, the cross-examination may be concluded within a period of one month from 13.10.2025.

In the above consensus, the present writ petition stands disposed of with the direction that the impugned order is hereby set aside and the petitioner is permitted to cross-examine the respondent- Ujjawal Bhandari (PW-1)/ any other witness, if any. But the cross-examination of the respondent and witnesses (if any) has to be concluded within a period of one month from the next date fixed before the learned Rent Tribunal i.e. 13.10.2025.

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

(MANEESH SHARMA),J

SOURAV /18

1 (RLW 2005 (2) Raj.)

2 2007 (4) RLW