Rajasthan High Court
M/S Madanlal And Brothers vs Smt. Isha Gera W/O Sh. Nandkishore ... on 18 April, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12119/2021
1. M/s Madanlal And Brothers, Through Power Of Attorney
Holder Sh. Yugal Maheshwari S/o Sh. Ramesh Chand
Maheshwari Aged 45 Years
2. Sh. Yugal Maheshwari S/o Sh. Ramesh Chand
Maheshwari, Aged About 45 Years, All Resident Of 2-Ga-
11 Dadabari, Kota (Rajasthan)
----Petitioners
Versus
Smt. Isha Gera W/o Sh. Nandkishore Gera, R/o 2-C-2, Talwandi,
Kota
----Respondent
For Petitioner(s) : Mr. Abhishek Bharadwaj
For Respondent(s) : Ms. Harshita Sharma with
Mr. Pankaj Sharma on behalf of
Mr. Mahesh Sharma
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
18/04/2022
Although, the matter comes up on an application filed by the
petitioners seeking interim direction but, on the request of the
learned counsels for the respective parties, the writ petition was
heard on its merit at this stage.
The writ petition under Article 227 of the Constitution of
India is directed against the order dated 1.10.2021 passed by the
learned Appellate Rent Tribunal, Kota in appeal no.2/2018
whereby an application filed by the petitioner under Order 41 Rule
27 CPC has been dismissed.
(2 of 3) [CW-12119/2021]
The facts in brief are that a rent eviction application filed by
the respondent against the petitioners was allowed by the learned
Appellate Rent Tribunal, Kota vide its judgment dated 16.01.2018
and a recovery certificate for possession was issued in her favour.
An appeal thereagainst preferred by the petitioners/tenants is
pending consideration before the learned Appellate Rent Tribunal
since 09.02.2018. Petitioners' application under Order 41 Rule 27
CPC has been dismissed by the learned Appellate Rent Tribunal
vide its order dated 01.10.2021, impugned herein.
Learned counsel for the petitioners contended that since the
application in question was filed seeking to place on record
subsequent development occured during pendency of appeal, it
was incumbent upon learned Appellate Rent Tribunal to have
allowed the same. He, therefore, prays that the writ petition be
allowed and the order impugned dated 01.10.2021 be quashed
and set aside.
Per contra, learned counsel for the respondent submitted
that the petitioners are not permitting the learned Appellate Rent
Tribunal to decide the appeal on its merit on one pretext or
another. She submitted that it is their fifth application filed under
Order 41 Rule 27 CPC which has rightly been dismissed by the
learned Tribunal.
Heard. Considered.
It is a classic case of the abuse of process of law by the
unsuccessful tenants against the certificate for possession issued
by learned Rent Tribunal against them. It is fifth successive
application filed under Order 41 Rule 27 CPC. Though, this Court
should not comment on merits of the earlier applications which are
pending consideration before the learned Appellate Rent Tribunal
(3 of 3) [CW-12119/2021]
but, this Court, after going through all the five applications filed
the petitioners under Order 41 Rule 27 CPC, is constrained to
observe that more or less similar facts are being reiterated in the
successful applications under the clock of subsequent development
which is delaying disposal of the appeal pending consideration for
last more than four years. An unscrupulous litigant cannot be
permitted to protract the litigation by adopting such dishonest
tactics. In the considered opinion of this Court, the learned
Appellate Rent Tribunal has committed no error in dismissing the
application filed by the petitioner. This Court is not inclined to
interfere with the order impugned which has been passed by
learned Appellate Rent Tribunal in exercise of its judicious
discretion on the basis of cogent material on record.
The writ petition is dismissed accordingly.
However, looking to longetivity of the pending appeal,
learned Appellate Rent Tribunal is directed to decide the appeal
either on the next date or within a period of two weeks thereafter.
Pending applications stand disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
LAKSHYA SHARMA /45
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