Dismissed¶24

Sharvan Kumar Joshi S/O Hanuman Sahay Sharma v. Deepak Swami Son of Late Shri Ishwar Das Swami

Rajasthan HC8 Apr 2026CW/13820/2023

Case brief

AI extract

What is this about?

Rajasthan High Court Jaipur; Sharvan Kumar Joshi v. Deepak Swami; S.B. Civil Writ Petition No. 13820/2023; Bipin Gupta, J.; writ petition dismissed as infructuous; Section 19-A Rajasthan Rent Control Act 2001; interim rent direction Rs. 17,000/- per month; Rent Tribunal order dated 16.08.2023; main rent application decided 06.01.2026; execution proceedings; liberty to raise objections before Executing Court; execution question left open.

What did the court decide?

The writ petition is dismissed as rendered infructuous, since the main rent application itself has been decided during its pendency. ¶24

Sharvan Kumar Joshi S/O Hanuman Sahay Sharma Vs Deepak Swami Son of Late Shri Ishwar Das Swami — Rajasthan HC (2026) — LawSathi Research

¶1

[2026:RJ-JP:14698]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 13820/2023

¶4

Sharvan Kumar Joshi S/o Hanuman Sahay Sharma, Aged About 44 Years, Resident Of C-130, Dayanand Marg, Tilak Nagar, Jaipur (Rajasthan).

¶5

----Petitioner

¶6

Versus

¶7

Deepak Swami Son Of Late Shri Ishwar Das Swami, Resident Of C-130, Dayanand Marg, Tilak Nagar, Jaipur, Police Station, Adrash Nagar, Jaipur (Rajasthan)

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Govind Gupta For Respondent(s) : Mr. Keshav Kumar Agrawal

¶10

HON'BLE MR. JUSTICE BIPIN GUPTA

¶11

Order

¶12

08/04/2026

¶13

The matter comes up on Application Nos. 01/2024 and 01/2026, which have been filed for early listing of the writ petition.

¶14

For the reasons mentioned in the applications, the same are allowed.

¶15

The present writ petition has been filed assailing the order dated 16.08.2023, passed by the learned Rent Tribunal No. 2, Additional Senior Civil Judge-cum-Additional Chief Metropolitan Magistrate, No. 5, Jaipur Metropolitan-II, whereby the application filed by the respondent under Section 19-A of the Rajasthan Rent Control Act, 2001 was partly allowed, and a direction was issued to the petitioner to pay Rs. 17,000/- per month as rent until the disposal of the main application.

[2026:RJ-JP:14698]

[CW-13820/2023]

(2 of 2)

Learned counsel for the petitioner fairly submits that during the pendency of this writ petition, the main rent application itself has been decided vide judgment dated 06.01.2026.

¶20

He, therefore, submits that the writ petition has become infructuous.

¶21

However, he submits that an execution petition for noncompliance of the order dated 16.08.2023 is pending and that the learned Executing Court is proceeding with the same.

¶22

Learned counsel for the petitioner further submits that the Executing Court cannot proceed with execution for non-compliance of the order dated 16.08.2023 in view of the final order dated 06.01.2026.

¶23

This Court finds that the said issue is not presently before this Court.

¶24

Accordingly, this Court deems it proper to dismiss the writ petition as rendered infructuous.

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It is, however, clarified that the petitioner shall be at liberty to raise all objections available to him in the execution proceedings.

¶26

All pending applications stand disposed of.

¶27

(BIPIN GUPTA),J

¶28

KRATIKA /50

Sharvan Kumar Joshi S/O Hanuman Sahay Sharma v. Deepak Swami Son of Late Shri Ishwar Das Swami

Case brief

What is this about?

What did the court decide?

Sharvan Kumar Joshi S/O Hanuman Sahay Sharma v. Deepak Swami Son of Late Shri Ishwar Das Swami

Case brief

What is this about?

What did the court decide?

What the court decided

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