Kushalchand S/O Sh. Manakchand ... vs Rajesh Khandelwal S/O Sh. ...
2023 Latest Caselaw 970 Raj/2

[2023/RJJP/000745]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 1256/2023

Kushalchand S/o Sh. Manakchand Jain, Aged About 70 Years,
R/o Kala Kuaa Housing Board, Alwar, Rajasthan.
                                                                     ----Petitioner
                                     Versus
1.       Rajesh Khandelwal S/o Sh. Hazarilal, Shopkeeper Bazaza
         Bazar, Alwar Tehsil And District Alwar.
2.       Manish Jain S/o Sh. Manohar Jain, R/o Shivaji Park,
         Alwar.
3.       Peeyush Jain S/o Sh. Manohar Jain, R/o Shivaji Park,
         Alwar.
4.       Aashish Jain S/o Sh. Manohar Jain, R/o Shivaji Park,
         Alwar.
5.       Smt. Shashi Jain W/o Sh. Manohar Jain, R/o Shivaji Park,
         Alwar.
6.       Vinod Kumar S/o Sh. Manakchand Jain, R/o Mohalla
         Birbal, Alwar.
7.       Premchand Jain S/o Sh. Manakchand Jain, R/o Mohalla
         Birbal, Alwar.
8.       Smt. Nirmala Jain D/o Sh. Manakchand Jain W/o Sh.
         Narendra Kumar Jain, R/o Mawdi, Buland Shahar (U.p.)
                                                                  ----Respondents

For Petitioner(s)          :     Mr. Ajay Goyal
For Respondent(s)          :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

30/01/2023

Application for early listing is allowed.

The instant writ petition has been filed by the petitioner with

the prayer to direct the learned Additional District Judge No.4,

Alwar to decide the appeal No.202/2022 expeditiously.

[2023/RJJP/000745] (2 of 2) [CW-1256/2023]

Counsel for the petitioner submitted that the appeal

No.202/2022 against the decree of eviction is pending before the

learned Additional District Judge No.4, Alwar since the year 2018

and prayed for early disposal of the appeal.

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 District Judge No.4,

Alwar to decide the appeal No.202/2022 preferably within a period

of one year.

(INDERJEET SINGH),J

Upendra Pratap Singh /49

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