Hindu Singh Sodha vs Surendra Mardiya
2022 Latest Caselaw 14382 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18455/2022

Hindu Singh Sodha S/o Sh. Ranveer Singh, Aged About 65 Years, By Caste Rajput, Resident Of House No. 2, Near U.i.t., Near Bungalow Of Maharaja Dilip Singh Ji, Jodhpur (Raj.).

----Petitioner Versus Surendra Mardiya S/o Sh. Milapchand Mardiya, By Caste Jain, Resident Of 301, Jyoti Building, Rungta Lane, Napeon Sea Road, Mumbai (Raj.).

                                                                ----Respondent


For Petitioner(s)        :     Mr. Harish Purohit
For Respondent(s)        :



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

07/12/2022

This writ petition is filed by the petitioner being aggrieved

with the order dated 23.11.2022 passed by the Additional Chief

Judicial Magistrate (Rent Tribunal) Jodhpur, Metro whereby, the

application of the petitioner to lead his evidence has been closed.

Learned counsel for the petitioner has submitted that due to

ill advice the petitioner has failed to appear before the trial court

to lead his evidence. It is submitted that the petitioner is ready to

pay a cost of Rs.5,000/- to the respondent and in the interest of

justice, one last opportunity may be granted to him to lead his

evidence before the trial court. It is informed that the next in the

trial court is fixed as 08.12.2022.

Issue notice, returnable on 19.12.2022 and be given 'dasti'

to learned counsel for the petitioner for service.

(2 of 2) [CW-18455/2022]

Learned counsel for the petitioner is free to serve copy of the

notice upon the counsel, who is appearing on behalf of the

respondent before the trial court.

Though, the trial court has fixed the next date in the matter

as 08.12.2022, but due to on going strike of the employees, the

trial court is unable to perform its functions and it may not be

possible for it to record the evidence.

In such a situation, at this stage, no interim order will be

passed.

Hence, the prayer for interim order shall be considered on

the next date of hearing.

List on 19.12.2022.

(VIJAY BISHNOI),J Surabhii/141-

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