Disposed¶23

Vipin Goyal v. Gyan Chand Jain (Deceased)

Rajasthan HC7 Jul 2025CW/8684/2025

Case brief

AI extract

What is this about?

CW 8684/2025, Rajasthan HC Jaipur, Anoop Kumar Dhand J, 07/07/2025: writ petition disposed with directions to Rent Tribunal, Ajmer (Executing Court) to expedite execution proceedings, preferably within two months; underlying Section 9 Rajasthan Rent Control Act 2001 order dated 11.04.2022; appeal pending before Appellate Rent Tribunal; interim mesne profit Rs.15,000 per month (order dated 04.09.2023); execution pending since 2022.

What did the court decide?

Directions to the Rent Tribunal, Ajmer to make all possible endeavours to decide the execution proceedings expeditiously, preferably within two months from the date of receipt of certified copy of the order; pending applications, if any, also disposed of. ¶23

Vipin Goyal Vs Gyan Chand Jain (Deceased) — Rajasthan HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 8684/2025

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Vipin Goyal, Aged About 65 Years, Son Of Bhanwarlalji Goyal

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Sobhagya Goyal, Daughter Of Bhanwarlalji Goyal 3. Gopalprakash Goyal Son Of Bhanwarlalji Goyal, Aged About 68 Years, All Senior Citizens, All Residents Of House No. 1075/19, Hindu Mochi Mohalla, Ghaseti, Ajmer.

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----Petitioners

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Versus

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1. Gyan Chand Jain (Deceased), Through Legal Representatives (Deleted Vide Order Dated 01.09.2021) 1/1. Naresh Jain, Aged About 63 Years, Son Of Gyanchand Jain 1/2. Nagenda Jain Son Of Debiram Jain, Aged About 58 Years,

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All Residents Of Plot No.07, House No. 11/8, Kiran Battery Khailand Market, P.R. Marg, Ajmer.

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----Respondents

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For Petitioner(s) : Mr. Abhi Goyal For Respondent(s) :

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JUSTICE ANOOP KUMAR DHAND

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Order

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07/07/2025

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For a limited prayer, the petitioners have approached this Court seeking directions to the Rent Tribunal, Ajmer, which is the Executing Court, to decide the execution proceedings, expeditiously within a time frame.

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Learned counsel for the petitioners submits that the application submitted by the petitioners against the

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[CW-8684/2025]

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(2 of 3)

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respondents under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) was allowed by the Tribunal vide order dated 11.04.2022. Counsel submits that aggrieved by the aforesaid order, the respondent preferred an appeal before the Appellate Rent Tribunal, wherein, an interim order was passed by the Appellate Tribunal on 04.09.2023 directing the respondents to pay mesne profit of Rs.15,000/per month to the petitioners, till disposal of the appeal. Counsel submits that the aforesaid order has not been complied by the respondents till date, hence, as on date, there is no interim order operating in favour of the respondents, though the appeal preferred by him is still pending before the Appellate Tribunal. Counsel submits that mere pendency of the appeal before the Appellate Tribunal is no bar to execute the order passed by the Tribunal. Counsel submits that the execution proceedings are lying pending before the Tribunal since 2022 and more than two years have passed thereafter and till date, the same has not been finalized, hence, under these circumstances, the petitioner has approached this Court by way of filing the instant writ petition seeking aforesaid directions.

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Considering the arguments put forward by the learned counsel for the petitioners and looking to overall facts and circumstances narrated above, this Court deems it just and proper to dispose of the instant writ petition by issuing directions to the Tribunal to make all possible endeavours to decide the execution proceedings, expeditiously, as early as

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[CW-8684/2025]

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(3 of 3)

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possibly, preferable within a period of two months from the date of receipt of certified copy of this order.

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With the aforesaid observations, the instant writ petition stands disposed of. Pending application, if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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KuD/52

Vipin Goyal v. Gyan Chand Jain (Deceased)

Case brief

What is this about?

What did the court decide?

Vipin Goyal v. Gyan Chand Jain (Deceased)

Case brief

What is this about?

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