Bheem Singh vs Parmanand
2022 Latest Caselaw 6470 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6215/2022

Bheem Singh S/o Kheta Ram Nai, Aged About 47 Years, R/o Bhatiya Market, Jaisalmer (Raj.).

----Petitioner Versus Parmanand S/o Purushottam Das, By Caste Bhatia, R/o Bhatiya Market, Jaisalmer (Raj.).

                                                                ----Respondent


For Petitioner(s)        :     Mr. D.L.R. Vyas
For Respondent(s)        :     Mr. Avin Chhangani as Caveator



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

04/05/2022

Learned counsel Mr. Avin Chhangani is appearing as Caveator

on behalf of sole respondent. Copy of the writ petition has already

been supplied to him.

Learned counsel for the petitioner has submitted that the

Senior Civil Judge, Jaisalmer (for short 'the trial court) in an

application filed on behalf of the respondent passed ex-parte

decree on 01.12.2021. The petitioner has moved an application

under Order 9 Rule 13 read with Section 151 CPC and read with

Section 21 of Rent Control Act, 2001, which is pending before the

trial court. It is submitted that though the said application under

Order 9 Rule 13 is pending consideration, the respondent has

moved an application under Section 20 of the Rajasthan Rent

Control Act, 2001 for execution of the ex-parte decree and the

trial court without even issuing notice to the petitioner, has

straight away passed an order for preparation of recovery

(2 of 2) [CW-6215/2022]

certificate. Learned counsel has submitted that in the said action

of the trial court there is clearly a violation of Sub-section 4 of

Section 20 of the Rajasthan Rent Control Act, 2001.

Learned counsel appearing for the respondent has submitted

that since the trial court has passed the ex-parte decree, there is

no requirement of issuing notice to the petitioner in the execution

proceedings.

Having heard learned counsel for the parties, I deem it

appropriate to stay the effect and operation of the order dated

20.04.2022 in execution application No.2/22 passed by the trial

court till further order.

Ordered accordingly.

List this matter for final hearing on 14.07.2022.

(VIJAY BISHNOI),J 164-mohit/-

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