ASIA PACIFIC SOCIETY FOR TRAINING AND DEVELOPMENT v. M/S KARMBHOOMI VIDYAPEETH SANSTHAN, JAIPUR
CW/11125/2025 · 2025-07-25
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25115 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25115 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:27994] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.11125/2025
1. Asia Pacific Society For Training And Development, (Registration No. 334/jpr/204-2005 Dated 06.08.2004), D-187, Bhrigu Marg, Bani Park, Jaipur (Raj.) Through Secretary Smt. Kiran Gautam W/o Shri Shiv Shankar Gautam, Presently Residing At House No. B-1305, Cidar Luxuria, Muhana Mandi Road, Mansarovar, Jaipur.
2. Sheela Sharma D/o Late Shri Bhawani Shankar Sharma, R/o D-187, Bhrigu Marg, Bani Park, Jaipur (Raj.) Presently Residing At House No. B-1305, Cidar Luxuria, Muhana Mandi Road, Mansarovar Extension, Jaipur.
3. Smt. Kiran Gautam W/o Shri Shiv Shankar Gautam, Presently Residing At House No. B-1305,cidar Luxuria, Muhana Mandi Road, Mansarovar, Jaipur. ----Petitioners Versus
1. M/s Karmbhoomi Vidyapeeth Sansthan, Jaipur, Registered Society, D-187, Bhrigu Marg, Bani Park, Jaipur (Raj.) Through Secretary Arun Jain S/o Shri Ghasilal Jain.
2. Arun Jain S/o Shri Ghasilal Jain, Present Address- 45-46, Saini Colony Extension, Kartarpura, Jaipur. ----Respondents For Petitioner(s) : Mr. G.P. Sharma JUSTICE ANOOP KUMAR DHAND
Order 25/07/2025
1. The instant writ petition has been filed by the petitioners with the following prayer:-
“Therefore humbly prayed that the writ petition may kindly be allowed and be pleased to pass appropriate writ, order or direction directing the Rent Tribunal to observe and follow the mandate of law and pronouncements made by Hon'ble Supreme
[2025:RJ-JP:27994] (2 of 4) [CW-11125/2025] Court as well as by this Hon'ble Court and take all endeavor to decide the Execution Application No. 119/2023 - CIS - 140/2023 dated 23.08.2023 titled Asia Pacific Society for Training and Development & Ors. Vs. M/s Karm Bhoomi Vidyapeeth Sansthan, Jaipur & Ors. filed before Rent Tribunal, Jaipur Metro- II within the stipulated time. Any other relief which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be issued in favour of the petitioners/plaintiffs.”
2. By way of filing this writ petition, the petitioners are seeking directions to the Rent Tribunal, i.e., the Executing Court to decide the pending execution application expeditiously within a time frame.
3.
Learned counsel for the petitioners submits that the application submitted by the landlord-petitioners (for short ‘petitioners’) under Section 19-A of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001”) was allowed by the Tribunal vide order dated 16.05.2023 and the respondents was directed to pay monthly rent of Rs.8,78,000/- to the petitioners and deposit the same in the account of the petitioners.
4.
Learned counsel for the petitioners submits that inspite of passing of considerable time, till date the said order passed by the Tribunal has not been complied with. Learned counsel submits that the Execution Application bearing No.119/2023 was submitted before the Executing Court on 23.08.2023 for execution of the aforesaid order dated 16.05.2023 but for one reason or another several dates have been posted and till date the said order has not been executed and more than two years have passed. Learned counsel submits that the Hon’ble Apex Court in the case of
[2025:RJ-JP:27994] (3 of 4) [CW-11125/2025] Periyammal (Dead) through LRS & ors. Versus V. Rajamani & Anr. Etc. while deciding Civil Appeal Nos.3640/3642 of 2025 has issued directions to all Executing Courts to complete the execution proceedings within a period of six months from the date of its filing. Learned counsel submits that, in the instant case, more than two years have passed and the execution proceedings have not been finalised since 2023, hence, appropriate directions be issued to the Executing Court to speed up the pending proceedings. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. Perusal of the record indicates that the application submitted by the petitioners under Section 19-A of the Act of 2001 was allowed on 16.05.2023 and a direction was issued to the respondents to deposit the monthly rent of Rs.8,78,000/- in the bank account of the petitioners. The record reveals that there is no stay on the aforesaid order by any Appellate Court, hence, under these circumstances, execution application has been submitted by the petitioners for execution of the aforesaid order before the Executing Court in the month of August, 2023. 7. The order sheets placed on record pursuant to the dates starting from 23.08.2023 till 14.05.2025 indicates that on every occasion the case was deferred for one date to another, but in the meantime almost two years have passed, but till date the order dated 16.05.2023 has not been implemented. 8. The Hon’ble Apex Court in the case of Periyammal (dead) (supra) has issued mandatory directions to all Executing Courts to decide the pending execution application within a period of six
[2025:RJ-JP:27994] (4 of 4) [CW-11125/2025] months from the date of its filing, but in the instant case, more than two years have passed. 9.
Even this Court in the case of Dharmendra Kumar Bhardwaj Versus Ramesh Jai (since deceased) & Another while deciding S.B. Civil Writ Petition No.8440/2025 has taken care of the fact that such like matters should not be deferred for an indefinite period. It is the bounden duty of the Tribunal to speed up the pending proceedings. 10. Considering the above, the instant writ petition stands
disposed of by issuing directions to the Tribunal to make all possible endeavors to execute the order dated 16.05.2023 expeditiously as early as possible preferably within a period of two months from the date of receipt of certified copy of this order.
11. Stay application as well as all applications (pending, if any) also stand disposed of.
(ANOOP KUMAR DHAND),J Karan/29