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Radhey Shyam vs Smt. Indra
2022 Latest Caselaw 7684 Raj

Citation : 2022 Latest Caselaw 7684 Raj
Judgement Date : 23 May, 2022

Rajasthan High Court - Jodhpur
Radhey Shyam vs Smt. Indra on 23 May, 2022
Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6644/2022

1. Radhey Shyam S/o Late Pyarelal, Aged About 51 Years, Gali No.14, Milkman Colony, Pal Road, Jodhpur, Second Address- Baba Ramdev Dairy, Khanda Falsa, Jodhpur, Third Address Ramdev Dairy, Gayatri Nagar, Jodhpur.

2. Ramniwas S/o Late Pyarelal, Aged About 48 Years, Gali No.14, Milkman Colony, Pal Road, Jodhpur, Second Address- Baba Ramdev Dairy, Khanda Falsa, Jodhpur, Third Address Ramdev Dairy, Gayatri Nagar, Jodhpur.

3. Jugal Kishore S/o Late Pyarelal, Aged About 45 Years, Gali No.14, Milkman Colony, Pal Road, Jodhpur, Second Address- Baba Ramdev Dairy, Khanda Falsa, Jodhpur, Third Address Ramdev Dairy, Gayatri Nagar, Jodhpur.

----Petitioners Versus Smt. Indra W/o Late Shivraj Purohit, In Front Of Laadji Ka Kuan, Khanda Falsa, Jodhpur.

----Respondent

For Petitioner(s) : Mr. Shridhar Mehta

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

23/05/2022

Learned counsel for the petitioners has submitted that

though there is a delay on the part of the petitioners to move an

application for opening the opportunity of filing reply to the

eviction petition, but the said delay can be compensated by paying

an appropriate cost. Learned counsel for the petitioners has

further submitted that the petitioners are ready to pay a cost of

Rs.25,000/- to the respondent-landlord.

Issue notice. Issue notice of stay petition also.

(2 of 2) [CW-6644/2022]

In the meantime, on the next date which is stated to be

26.05.2022, if the petitioners pay a cost of Rs.25,000/- to the

respondent-landlord or her counsel, the reply to the eviction

petition filed by them be taken on record. It is made clear that if

the petitioners fail to make payment of cost of Rs.25,000/- to the

respondent-landlord till the next date of hearing, the reply to the

eviction petition filed by the petitioners shall not be taken on

record.

However, in case the cost is not accepted by the respondent-

landlord or her counsel and the respondent wants to contest the

present writ petition, the further proceedings pending in the Court

of Rent Tribunal, Jodhpur Metropolitan in eviction petition

No.15/2019 shall remain stayed.

(VIJAY BISHNOI),J

43-AjaySingh/-

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