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2025 DAILYLAW 13005 (RAJ)

MANOJ KUMAR JADIA S/O BRIJMOHAN JADIA v. SURESH CHAND NAHATA S/O LATE CHETANDAS NAHATA

CW/4369/2025 · 2025-03-27

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:13985] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4369/2025 Manoj Kumar Jadia S/o Brijmohan Jadia, Aged About 62, R/o Plot No. 62, Talkatora, Behind Govind Dev Ji Temple, Jaipur. ----Petitioner/Non-Applicant/Tenant Versus Suresh Chand Nahata S/o Late Chetandas Nahata, Aged About 81, R/o House No. 1214, Partaniyon Ka Rasta, Chaukdi Vishvesh- war Ji, Johari Bazar, Jaipur. ----Respondent/Original-Applicant/landlord For Petitioner(s) : Mr. Anubhav Agarwal For Respondent(s) : HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 27/03/2025 This writ petition under Article 227 of the Constitution of In- dia is directed against the order dated 17.03.2025 passed by the learned Rent Tribunal No.1, Jaipur Metropolitan-I, Jaipur (for brevity “the learned Rent Tribunal”) in Original Application No.388/2017 whereby, evidence of the petitioner/non-applicant/ tenant (for short “the non-applicant”) has been closed. Learned counsel for the non-applicant submits that after ex- tending him only two opportunities to lead his evidence, the same has been closed vide order impugned dated 17.03.2025. He prays that he may be granted only one opportunity to lead his entire ev- idence subject to payment of a reasonable cost. Heard. Considered. In view of the limited prayer made by the learned counsel for the non-applicant, this writ petition is disposed of in following [2025:RJ-JP:13985] (2 of 2) [CW-4369/2025] terms without issuing notice to the respondent/applicant/landlord (hereinafter referred to as “the applicant”) to obviate further delay as also not to enburden him with unnecessary litigation expenses which may be incurred in appearing before this Court:- 1. The order dated 17.03.2025 is quashed and set aside. 2. The non-applicant is granted one opportunity to lead his evidence either on the next date fixed before the learned Rent Tribunal or within a period of two weeks thereafter, if the learned Rent Tribunal so di- rects. 3. The aforesaid opportunity is subject to payment of a cost of Rs.25,000/ by the non-applicant to the ap- plicant in the shape of demand draft/bankers cheque. 4. If the applicant feels aggrieved by this order, he is at liberty to move an application for its recalling. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/43