Hemant Upadhya vs Shri Balu Krishna Aggarwal ...
2023 Latest Caselaw 10007 Raj

Rajasthan High Court - Jodhpur

Hemant Upadhya vs Shri Balu Krishna Aggarwal ... on 22 November, 2023

[2023:RJ-JD:40119]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 18237/2023

1.       Hemant Upadhya S/o Late K R Upadhya, Aged About 58
         Years, By Caste Brahman Resident Of 44 Sukhdev Bihar
         New Delhi.
2.       Shrimati Jaya Gauri W/o Late Shri Of Late K R Upadhya,
         Aged About 85 Years, By Caste Brahman Resident Of 44
         Sukhdev Bihar New Delhi.
3.       Smt. Indra D/o Late K R Upadhya Wife Of Anil Aahuja,
         Aged About 65 Years, By Caste Brahman Resident Of 44
         Sukhdev Bihar New Delhi.
4.       Smt. Sheela D/o Late K R Upadhya, Aged About 63 Years,
         By Caste Brahman Resident Of 44 Sukhdev Bihar New
         Delhi.
5.       Smt. Bhawna D/o Late K R Upadhya, Wife Of Rajendra
         Bhutt, Aged About 53 Years, By Caste Brahman Resident
         Of 44 Sukhdev Bihar New Delhi.
                                                                     ----Petitioners
                                      Versus
1.       Shri Balu Krishna Aggarwal S/o Late Shri Chota Lal
         Aggarwal, Resident Of Flat No. 5 Rail Vihar, Pritampura
         Delhi.
2.       Shri Idnra Singh S/o Sohan Singh Rathore, Resident Of
         Village Post Tartolli Road, Abu Road, Tehsil Abu Road,
         District Sirohi.
3.       Ricco Ltd., Through Its Senior Regional Manager, Branch
         Industrial Area Abu Road, District Sirohi.
                                                                   ----Respondents


For Petitioner(s)           :     Ms Kamini Joshi
For Respondent(s)           :



               HON'BLE MR. JUSTICE ARUN MONGA

Judgment / Order (oral)

22/11/2023

1. The petitioner has prayed for the following relief:

[2023:RJ-JD:40119] (2 of 2) [CW-18237/2023]

i) by an appropriate writ, order or direction, the learned

court below may be given a time bound direction to decide

the Civil Suit No.7/2016 pending before the Additional

District & Sessions Judge, Abu Road expeditiously.

ii) any other appropriate order or direction, which this

Hon'ble Court considers just and proper in the facts and

circumstances of this case, may kindly be passed in favour of

the petitioner.

2. Ordinarily, this Court would not interfere merely because of

delay in adjudication by the trial court in pending civil suit, caused

by heavy pendency of work before courts below.

3. However, since the petitioner No.2 is senior citizen of 85

years age and suffering from age-related medical ailments, in the

larger interest of justice, this petition is disposed of with the

expectation from the court below that the matter would be

decided expeditiously, without giving unnecessary adjournments.

4. The learned court below though shall be at liberty to adjourn

the matter on its own discretion, depending upon day to day work

load before the court.

(ARUN MONGA),J 54-MMA/-

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