Kanti Chand Kalla vs Ashok Kataria
2022 Latest Caselaw 2782 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14/2022

Kanti Chand Kalla S/o Madan Lal, Aged About 74 Years, 17-E- 321 Chopasani Housing Board, Jodhpur.

----Petitioner Versus

1. Ashok Kataria S/o Anraj Kataria, 27(A), Amarnath Building, Inside Jalori Gate, Jodhpur

2. Rajendra Kataria S/o Late Jaswant Raj Kataria, By Caste Jain, R/o Subhash Shoe Mart, 1St B Road, Sardarpura, Jodhpur

3. Tarun Kataria S/o Late Jaswant Raj Kataria, By Caste Jain, R/o Rajshri Footwear, 2Nd B Road, Sardarpura, Jodhpur

4. Rakesh Kataria S/o Late Jaswant Raj Kataria, By Caste Jain, R/o Rajshri Footwear, 2Nd B Road, Sardarpura, Jodhpur

5. Manju (Shital Kataria) D/o Late Jaswant Raj Kataria, By Caste Jain, R/o Rajshri Footwear, 2Nd B Road, Sardarpura, Jodhpur

6. Uma Devi Kataria W/o Late Jaswant Raj Kataria, By Caste Jain, R/o Rajshri Footwear, 2Nd B Road, Sardarpura, Jodhpur

7. Lrs Of Subhash Kataria, S/o Anraj Kataria Through-

8. Smt Meena W/o Late Subhash Kataria, 360, Ivth B Road, Sardarpura, Jodhpur.

9. Manoj S/o Late Subhash Kataria, 360, Ivth B Road, Sardarpura, Jodhpur.

10. Prithviraj S/o Late Subhash Kataria, 360, Ivth B Road, Sardarpura, Jodhpur.

11. Smt. Sapna D/o Late Subhash Kataria W/o Rajendra Jain, Mutho Ka Bas, Pipar City, Tehsil Pipar, Dist. Jodhpur

12. Smt Jamna Devi W/o Mohanlal D/o Anraj Kataria, By Caste Jain, R/o In Front Of Bheru Bag, Jodhpur.

13. Smt. Vimla Devi W/o Subhash Mehta D/o Anraj Kataria, By Caste Jain, R/o Shrashti Complex, Meera Road, Thane (Maharashtra)

----Respondents

(2 of 2) [CW-14/2022]

For Petitioner(s) : Mr. Jitendra Chopra

JUSTICE DINESH MEHTA

Order

18/02/2022

1. Learned counsel for the petitioner submits that against the

judgment and decree dated 25.10.2017, the respondents

(tenants) have preferred an appeal which was filed in January,

2018 and the same is pending consideration before the Appellate

Rent Tribunal, Jodhpur and inspite of the objection raised by the

present petitioner (landlord), the Appellate Tribunal is not deciding

the appeal and has been granting unwarranted indulgence to the

appellant.

2. Having regard to the facts and circumstances of the case and

after going through the order-sheets so placed by the petitioner,

the writ petition is disposed of with a direction to the petitioner to

move an application for early decision of the appeal before the

Appellate Tribunal within a period of two weeks from today.

3. In case such application is filed, the Appellate Tribunal shall

consider and decide the appeal as early as possible preferably

within a period of three months of receipt of the application.

(DINESH MEHTA),J 51-A.Arora/-

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