Fiyaz Ali vs Sushil
2021 Latest Caselaw 9171 Raj

(1 of 2) [WMAP-72/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Misc Application No. 72/2021

Faiyaz Ali S/o Shri Ahsan Ali, Aged About 61 Years, By Musalman, R/o Opposite Ali Tower, Akhaliyal Circle, Jodhpur, Rajasthan.

----Petitioner Versus Sushil S/o Late Shri Kalu Lal Mathur, R/o House No. 1, Lal Khan Building, Near Hotel Inder Inn, Chopasani Road, Sardarpura, Jodhpur, Rajasthan. (Applicant)

----Respondent

For Petitioner(s) : Mr. Dheerendra Singh Sodha, Adv. For Respondent(s) : Mr. Sudhir Tak, PP Mr. Manish Patel, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

09/04/2021

The present misc. application has been filed by the applicant

for recalling the order dated 01.02.2021 passed by this Court in

SB Civil Writ Petition No.1661/2021 whereby the petition filed by

the respondent was disposed of with a direction to the Rent

Tribunal, Jodhpur (Metro) to decide the case No.155/2019 pending

before it within a period of one year from the date of receipt of

certified copy of the order.

Counsel for the applicant submits that the order dated

01.02.2021 has been obtained by the respondent from this Court

by making a false and wrong fact that the case is pending before

the Rent Tribunal for last three years, whereas the correct fact is

that the matter is pending before the Rent Tribunal since

02.09.2019. Therefore, it is prayed that the order dated

(2 of 2) [WMAP-72/2021]

01.02.2021 may be recalled as it has been obtained on false and

wrong fact.

On the other hand, learned counsel for the respondent

submits that in the writ petition, a limited prayer was made before

this Court that the writ petition may be disposed of with the

direction to the Rent Tribunal to expeditiously decide the case

pending before it. Therefore, the writ petition was disposed of by

this Court with the direction to the Rent Tribunal to decide the

case within a period of one year from the date of receipt of

certified copy of the order. Counsel submits that in these

circumstances, there is no need to recall the order dated

01.02.2021 passed by this Court and prays for dismissal of the

present application.

Heard the counsel for the parties. Perused the misc.

application as well as order dated 01.02.2021.

In the order dated 01.02.2021, it has been mentioned that

the case is pending before the Rent Tribunal for last three years

whereas the correct fact is that it is pending for last about two

years, however, I find no reason to recall the order dated

01.02.2021.

Thus the present application for recalling the order dated

01.02.2021 is hereby dismissed.

(MANOJ KUMAR GARG),J 47-MS/-

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