Kaushal Kumar vs Mewara Kshatriya Samaj, Jodhpur
2021 Latest Caselaw 15502 Raj

(1 of 2) [CMA-853/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 853/2021

1. Kaushal Kumar S/o late Shri Jugal Kishore, Aged About 62 Years, by caste Dhoot-Maheshwari, Address M/s Rakesh And Company, 6Th Pal Road, Infront Of Nasrani Petrol Pump, Panchvi Road, Choraha, Jodhpur

2. Rakesh Kumar S/o late Shri Jugal Kishore, Aged About 56 Years,

3. Mukesh Kumar S/o late Shri Jugal Kishore, Aged About 54 Years,

4. Krishna W/o late Shri Jugal Kishore, Aged About 78 Years,

5. Kiran W/o Shri Kaushal Kumar, Aged About 59 Years

6. Malti W/o Shri Mukesh Kumar, Aged About 51 Years,

7. Sunita W/o Shri Rakesh Kumar, Aged About 53 Years, all are b/c Dhoot-Maheshwari address M/s Rakesh And Company, 6Th Pal Road, Infront Of Nasrani Petrol Pump, Panchvi Road, Choraha, Jodhpur

----Appellants Versus Mewara Kshatriya Samaj, Jodhpur, Registered Sansthan, 6Th Pal Road, Jodhpur Through Its Chairman, Pukhraj Sisodiya S/o Mohan Lal, b/c Kalal 6Th Pal Road, Jodhpur

----Respondent

For Appellant(s) : Mr. Manoj Bhandari

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

05/10/2021

Heard learned counsel for the appellants.

Shri Manoj Bhandari, learned counsel for the appellants

submits that earlier a co-ordinate Bench of this Court vide its

judgment dated 15.07.2013 passed in S.B. C.M.A. 389/2009,

while setting aside the judgment and decree dated 18.03.2009

(2 of 2) [CMA-853/2021]

remanded the matter back to the learned trial court for deciding

the case in accordance with the Rajasthan Premises (Control of

Rent and Eviction) Act 1950. He further submits that the learned

trial court in pursuance of the remand order passed by this Court

on 15.07.2013, started the proceedings and while the testimony

of PW-1 Satyanarayan was being recorded, all of a sudden on

15.09.2021, the trial court decided that since the remand order

was only with a direction to decide the case in accordance with the

law laid down in the case of Bhagh Chand vs. A.D.J. No. 5 Kota &

ors. reported in 2009 CJ Rent Control 1, therefore, both the

parties were directed to argue the matter finally and file the

affidavits, if any. The learned trial court was required to conduct

the proceedings in accordance with the Rajasthan Premises

(Control of Rent and Eviction) Act 1950 and not in the hasty

manner as ordered on 15.09.2021.

The matter requires consideration.

Issue notice to the respondents, returnable on 12.11.2021.

Meanwhile, effect and operation of the order dated

15.09.2021 passed by Additional District Judge No. 5, Jodhpur

Metropolitan shall remain stayed.

(VINIT KUMAR MATHUR),J

12-payal/-

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