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2025 DAILYLAW 26121 (RAJ)

SHRI GOVINDSHARAN DUSAD SON OF LATE SHRI RADHESHYAM DUSAD v. HAZARI LAL AGARWAL SIRSALI WALE

CW/11689/2025 · 2025-09-10

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:36677] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11689/2025 Shri Govindsharan Dusad Son Of Late Shri Radheshyam Dusad, Resident Of Ward No. 19, Purohiton Ka Mohalla, Kasba Chomu, Tehsil Chomu, District, Jaipur. ----Petitioner/Plaintiff Versus 1. Hazari Lal Agarwal Sirsali Wale, Owner Firm Rajendra Prasad, Shimbhudayal Agarwal (Deceased During Claim) 1/1. Smt. Radha Devi Wife Of Late Hazari Lal, Currently Resident Of Ward No. 12, Mahavir Colony, Chomu, Tehsil Chomu, District Jaipur. 1/2. Kunjbihari Son Of Late Hazari Lal, Resident Of Mahavir Colony, Ward No. 12, Kasba Chomu, Tehsil Chomu, District Jaipur. 1/3. Pawan Kumar Son Of Late Hazari Lal, Resident Of Mahavir Colony, Ward No. 12, Kasba Chomu, Tehsil Chomu, District Jaipur. 1/4. Tarachand Son Of Late Hazari Lal, Currently Resident Of 6/4 Khandelwal Tower Second Sector-I, Vidhadhar Nagar, Jaipur, District Jaipur. 1/5. Dilip Kumar Son Of Late Hazari Lal, Resident Presently- Mahavir Colony, Ward No. 12, Kasba Chomu, Tehsil Chomu, District Jaipur. 1/6. Shri Manoj Kumar, Owner Firm Karyasthal Dhanlaxmi, Opposite Mayankmani Fancy Store, Naya Bazar, Kasba Chomu, Tehsil Chomu, District Jaipur, Resident Mahavir Colony, Ward No. 12, Kasba Chomu, Tehsil Chomu, District Jaipur. 1/7. Smt. Asha Devi Wife Of Sanjay Agarwal Daughter Of Late Hazari Lal, Resident Currently - Plot No.99, Malviya Nagar, C-Block Jaipur, District Jaipur. 1/8. Smt. Bhagwati Devi, Daughter Of Late Hazari Lal , Wife Of Lalchand, Resident Of Currently- Khatu Mod, Near Gaushala, Ringas, District Sikar. 2. Shimbhudayal Agarwal Owner Firm Shambhulaxmi, Opposite Mayankmani Fancy Store, Naya Bazaar, Kasba Chomu, Tehsil Chomu, District Jaipur. [2025:RJ-JP:36677] (2 of 3) [CW-11689/2025] ----Respondents For Petitioner(s) : Mr. Dhruv Tailor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 10/09/2025 The instant writ petition has been filed by the petitioner/plaintiff seeking direction to the learned Additional Chief Metropolitan Magistrate No.17, Chomu, Jaipur Metropolitan-II, Jaipur linked to Upper Civil Judge No.10, Chomu, Jaipur Metropolitan-II, Jaipur be directed expeditiously dispose of the trial of the Civil Suit No.161/2004 titled “Govind Sharan Dusad Vs. Hazari Lal Agarwal & Anr.” Learned counsel for the petitioner/plaintiff submits that the eviction suit was filed in the year 2004 but the same is pending even after passing of more than 21 years. He further submits that on last 35 dates when the matter was fixed before the learned trial Court, the matter is being adjourned for one or another reason without there being any cogent reason. He further submits that the delay in disposal of the suit has made the plaintiff to suffer from justice. Considered the submissions made by counsel for the petitioner and also perused the material available on record including the order-sheets of learned trial Court. The eviction suit was filed in the year 2004 and it is unfortunate that the same is pending even after passing of 21 years. [2025:RJ-JP:36677] (3 of 3) [CW-11689/2025] Taking into consideration the totality of facts and circumstances of the case and also also nature of the suit and more particularly the fact that on last 35 dates, no substantial progress has been made in the suit proceedings, this Court feels that ends of justice would meet if the learned trial Court is directed to dispose of the eviction suit at earliest. Accordingly, the present writ petition is disposed of with a direction to the learned trial Court to expedite the suit proceedings and dispose of it as early as possible. Pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /64