Anil Joshi Son Of Shri Yogesh ... vs Smt. Beejal Chopra Wife Of Shri ...
2021 Latest Caselaw 646 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

          D.B. Civil Special Appeal Writ No. 625/2020

                                        In

             S.B. Civil Writ Petition No. 4602/2020

Anil Joshi Son Of Shri Yogesh Chandra Joshi, Aged About 48
Years,    Resident   Of    Plot     No.      255,     Mahaveer     Nagar-I   St,
Durgapura, Jaipur Rajasthan.
                                                                   ----Appellant
                                    Versus
Smt. Beejal Chopra Wife Of Shri Amit Chopra, Represented
Through Power Of Attorney Holder Shri Harish Chandra Chopra,
R/o J-12/39, Rajori Garden, New Delhi
                                                                 ----Respondent

For Appellant(s) : Mr. Yogesh Chandra Joshi, Advocate

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Judgment / Order

22/01/2021

Appellant has filed the appeal challenging the order dated

24.08.2020 passed by the learned Single Judge, whereby, writ

petition filed by the appellant challenging the order dated

19.02.2020 passed by the Rent Tribunal, was dismissed.

We have heard learned counsel for the appellant and have

gone through the record available on the file carefully.

Respondent has filed an application before the Tribunal

alleging that the petitioner was a tenant under her. Ejectment

petition was filed on the ground of non payment of rent. Parties

led their evidence and the case was fixed for final arguments on

23.10.2019. At that stage, appellant moved an application under

(2 of 2) [SAW-625/2020]

Order 7 Rule 11 of the Code of Civil Procedure. The application

moved by the appellant was dismissed by the Tribunal and the

said order was challenged by the appellant by way of writ petition.

Learned Single Judge dismissed the writ petition vide impugned

order dated 24.08.2020. Hence, the present appeal.

In the facts and circumstances of the present case, learned

Single Judge rightly dismissed the writ petition, holding that the

application had been filed with a view to delay the disposal of the

eviction application. The eviction application before the Rent

Tribunal is listed now for final adjudication after completion of

evidence of the parties. Appellant is at liberty to take up all the

pleas for him before the Rent Tribunal.

In the facts and circumstances of the present case, no

ground for interference is made out.

Dismissed.

                                    (MANOJ KUMAR VYAS),J                                           (SABINA),J

                                   Mohita /32









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