Uma Devi vs Kushal Jain
2022 Latest Caselaw 15002 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18583/2022

Uma Devi D/o Shri Dev Kishan, Aged About 75 Years, Resident Of Plot No. 750, 5Th Road, Sardarpura, Jodhpur, Through Power Of Attorney Holder Dinesh Parihar S/o Late Shri Kana Ram Parihar, R/o House No. 464, 6Th A Road, Sardarpura, Jodhpur.

----Petitioner Versus

1. Kushal Jain D/o Late Shri Bhanwar Lal Jain W/o Late Shri Babulalji, R/o House No. 15, Bachchhrajji Ka Bag, Sardarpura, Jodhpur. Second Address Officer, Marriage Registration Branch, Municipal Council, Jodhpur.

2. Kuldeep Bagrecha S/o Late Shri Babu Lal, R/o 15, Bachchhrajji Ka Bagh, Jodhpur.

3. Rent Tribunal, Jodhpur Metro Cum Additional Chief Judicial Magistrate (Rent Tribunal), Jodhpur Metropolitan.

----Respondents

For Petitioner(s) : Mr. Manish Purohit.

For Respondent(s)          :



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

20/12/2022

This writ petition has been filed by the petitioner seeking a

direction to the respondent - Tribunal to decide the pending

execution petition with expedition.

Various submissions have been made in the writ petition that

the respondent-judgment debtor, is seeking to delay the

proceedings by moving frivolous applications and for decision of

the said frivolous applications, which are identical to already

decided applications, the Tribunal has been granting a long rope

to the judgment-debtor and long dates are being fixed and matter

(2 of 2) [CW-18583/2022]

is getting adjourned, have no apparent reason, though the

petitioner is prepared to make submissions on the said

applications, even without filing the reply.

The plea sought to be raised regarding granting of long dates

by the Court, cannot be countenanced, inasmuch as, the Court is

required to manage its own affairs based on the status of the

cause list.

However, in so far as the submissions made regarding the

Court entertaining the frivolous applications are concerned, it is

expected of the Tribunal to at least go through the applications

before calling for the other party to respond / adjourn the matter

for the said purpose.

With the above observations, the writ petition filed by the

petitioner stands disposed of. It is expected of the Tribunal to deal

with the present matter as well as all other matters with utmost

expedition.

(ARUN BHANSALI),J 239-Rmathur/-

Powered by TCPDF (www.tcpdf.org)