Rakesh Kumar Soni S/O Shri ... vs Ramesh Chand Bajaj S/O Late Shri ...
2022 Latest Caselaw 2322 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4707/2020

Rakesh Kumar Soni S/o Shri Tarachand Soni, Aged About 48
Years, B/c Soni, R/o- Mohalla Saray, Kotputli, Dist. Jaipur,
Rajasthan.
                                                                  ----Petitioner
                                   Versus
Ramesh Chand Bajaj S/o Late Shri Guljhari Lal Bajaj, R/o-
Mohalla Badabaas, Ward No.- 21, Kasba Kotputli, Dist. Jaipur,
Rajasthan. At Present R/o House No.- 148 Gali No. 15, Shri
Nagar, Omkar Nagar. Delhi- 35.
                                                                ----Respondent

For Petitioner(s) : Mr. Pawan Sharma for Mr. Ravi Shanker Sharma For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

14/03/2022

This writ petition under Article 227 of the Constitution of

India is directed against the order dated 27.09.2019 passed by

the learned Additional District Judge No. 2 Kotputli, District Jaipur

whereby, the application filed by the appellant-petitioner under

Section 151 CPC seeking stay on the proceedings of appeal, has

been dismissed.

The fact in brief, as emerge from the writ petition, are that

an Appeal No.20/2018: Rakesh Vs. Ramesh is pending against the

judgment and decree dated 25.07.2014 passed by the learned

trial Court whereby, a decree of eviction has been passed against

the petitioner. During the pendency of the appeal, he moved an

application under Section 151 CPC stating therein that a civil suit

(2 of 2) [CW-4707/2020]

for partition is pending amongst the respondent/landlord and his

brothers and hence, till decision of the partition suit, the

proceedings in appeal be stayed. The application has been

dismissed vide order dated 24.09.2019, impugned herein.

Learned counsel for the petitioner contended that since title

of his landlord is under dispute in a suit for partition and one of

the brothers has also given him notice to tender rent to him, the

further proceedings in the civil first appeal preferred by him be

stayed. He, therefore, prays that the writ petition be allowed and

the order impugned dated 24.09.2019 be quashed.

Heard. Considered.

The material on record does not reveal that the petitioner

has raised any dispute as to the respondent being his landlord in

absence whereof, his prayer cannot be accepted. It is trite law

that question of title is irrelevant in the proceedings for eviction.

The order impugned is a well considered one which warrants no

interference by this Court in its supervisory jurisdiction.

The writ petition is dismissed accordingly.

(MAHENDAR KUMAR GOYAL),J

Sudha/79

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