Citation : 2023 Latest Caselaw 845 Raj/2
Judgement Date : 25 January, 2023
[2023/RJJP/000413]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 837/2023
Babu Lal Pansari S/o Sh. Gajanand Vaishay, Aged About 82
Years, R/o Kapil Mandi, Neem Ka Thana, District Sikar (Raj.)
----Petitioner
Versus
1. Suresh Kumar Goyal (Pachlangi Wale) S/o Lt. Sh. Manna
Lal, R/o Sanwariya Textile, Agrawal Market, Ram Leela
Maidan, Neem Ka Thana, District Sikar.
2. Vishwanath Goyal (Pachlangi Wale) S/o Lt. Sh. Manna Lal,
R/o Mansa Sari Center, Kamla Modi Market, Neem Ka
Thana, District Sikar.
3. Vinod Kumar Goyal (Pachlangi Wale) S/o Lt. Sh. Manna
Lal, R/o Near Shastri School, Talab Road, Neema Ka
Thana, District Sikar.
4. Ram Swaroop Goyal (Pachlangi Wale) S/o Lt. Sh. Manna
Lal, R/o Sanwariya Textile Agrawal Market, Ram Leela
Maidan, Neem Ka Thana, District Sikar.
5. Uma Devi D/o Lt. Sh. Manna Lal W/o Sh. Naresh Kumar
(Gawri Wale), R/o Chandralok Jewellers, Subhash Mandi,
Neem Ka Thana, District Sikar.
6. Sunita Devi D/o Lt. Sh. Manna Lal, R/o Near Shastri
School, Talab Road, Neem Ka Thana, District Sikar.
7. Kalawati W/o Lt. Sh. Manna Lal, R/o Flat No. F-3, Near
Shyam Mandir, Neema Ka Thana, District Sikar.
----Respondents
For Petitioner(s) : Mr. Prashant Sharma, Adv. on behalf of Mr. Rahul Kamwar, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
25/01/2023
[2023/RJJP/000413] (2 of 2) [CW-837/2023]
The instant writ petition has been filed by the petitioner(s)
with the prayer to direct the Learned Additional Civil Judge, Neem
Ka Thana, District Sikar to decide the Civil Suit No.48/2020
expeditiously.
Counsel for the petitioner(s) submitted that the eviction
petition is pending before the Learned Additional Civil Judge,
Neem Ka Thana, District Sikar since 2020 and the same may be
directed to be decided expeditiously.
In support of contentions, counsel relied upon the judgment
passed by the Hon'ble Supreme Court in the matter of Hameed
Kunju vs. Nazimin, reported in (2017) 8 Supreme Court
Cases 611, wherein it has been held as under:-
"43. Before parting, we consider it apposite to observe that the object of the Rent Laws all over the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the landlord seek eviction for his bona fide need.
44. We sincerely feel that the eviction matters should be given priority in their disposal at all stages of litigation and especially where the eviction is claimed on the ground of bona fide need of the landlord. We hope and trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases."
In that view of the matter, the writ petition is disposed of
with a direction to the Learned Additional Civil Judge, Neem Ka
Thana, District Sikar to decide the Civil Suit No.48/2020 preferably
within a period of one year.
(INDERJEET SINGH),J
JYOTI /97
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