HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4707/2020
Rakesh Kumar Soni S/o Shri Tarachand Soni, Aged About 48
Years, B/c Soni, R/o- Mohalla Saray, Kotputli, Dist. Jaipur,
Rajasthan.
----Petitioner
Versus
Ramesh Chand Bajaj S/o Late Shri Guljhari Lal Bajaj, R/o-
Mohalla Badabaas, Ward No.- 21, Kasba Kotputli, Dist. Jaipur,
Rajasthan. At Present R/o House No.- 148 Gali No. 15, Shri
Nagar, Omkar Nagar. Delhi- 35.
----Respondent
For Petitioner(s) : Mr. Pawan Sharma for Mr. Ravi Shanker Sharma For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 14/03/2022 This writ petition under Article 227 of the Constitution of India is directed against the order dated 27.09.2019 passed by the learned Additional District Judge No. 2 Kotputli, District Jaipur whereby, the application filed by the appellant-petitioner under Section 151 CPC seeking stay on the proceedings of appeal, has been dismissed.
The fact in brief, as emerge from the writ petition, are that an Appeal No.20/2018: Rakesh Vs. Ramesh is pending against the judgment and decree dated 25.07.2014 passed by the learned trial Court whereby, a decree of eviction has been passed against the petitioner. During the pendency of the appeal, he moved an application under Section 151 CPC stating therein that a civil suit (Downloaded on 15/03/2022 at 09:25:19 PM) (2 of 2) [CW-4707/2020] for partition is pending amongst the respondent/landlord and his brothers and hence, till decision of the partition suit, the proceedings in appeal be stayed. The application has been dismissed vide order dated 24.09.2019, impugned herein.
Learned counsel for the petitioner contended that since title of his landlord is under dispute in a suit for partition and one of the brothers has also given him notice to tender rent to him, the further proceedings in the civil first appeal preferred by him be stayed. He, therefore, prays that the writ petition be allowed and the order impugned dated 24.09.2019 be quashed.
Heard. Considered.
The material on record does not reveal that the petitioner has raised any dispute as to the respondent being his landlord in absence whereof, his prayer cannot be accepted. It is trite law that question of title is irrelevant in the proceedings for eviction. The order impugned is a well considered one which warrants no interference by this Court in its supervisory jurisdiction.
The writ petition is dismissed accordingly.
(MAHENDAR KUMAR GOYAL),J Sudha/79 (Downloaded on 15/03/2022 at 09:25:19 PM) Powered by TCPDF (www.tcpdf.org)