[2025:RJ-JP:36552] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13630/2025 Rakesh Agarwal S/o Shri Hanuman Prasad Agarwal, Aged About 45 Years, R/o House No. 713, Jat Ka Kua Ka Rasta, Chandpole Bazar, Jaipur (Raj.) ----Petitioner Versus 1. Shri Gopal Singh Chauhan S/o Shri Chandrapal Singh Chauhan, Aged About 77 Years, R/o House No. 162, Bajdaro Ki Mori, Chailo Ka Rasta, Chaukari Sarhad, Jaipur 2. Kishan Bhatiya S/o Late Shri Lekhraj Bhatiya, R/o 453-A, Sindhi Colony, Jawahar Nagar, Jaipur (Since Deceased) 3. Kapil Bhatiya S/o Late Shri Kishan Bhatiya, Aged About 43 Years, R/o House No. 149, Nehru Bazar, Jaipur ----Respondents For Petitioner(s) : Mr.Anil Kumar sharma JUSTICE ANOOP KUMAR DHAND Order 10/09/2025 1. For a limited prayer, the instant writ petition has been preferred for issuing direction to the Appellate Rent Tribunal (for short, “the Appellate Tribunal”) to decide the pending appeal expeditiously within a time frame. 2. Learned counsel for the petitioner submits that the landlord- respondent No.1 filed an application under Section 9 of the Rajasthan Rent Control Act, 2001 (for short, “the Act of 2001”) against the tenant-respondent No.2 for his eviction on the ground of subletting of the rental premises. 3. Counsel submits that without impleading the petitioner, the application was filed wherein the allegation was levelled against [2025:RJ-JP:36552] (2 of 3) [CW-13630/2025] the respondent No.2 that he has subletted the rental premises to the petitioner and the application submitted by the respondent No.1 has been allowed vide order dated 15.09.2023 wherein an order of eviction has been passed. 4. Since the order of eviction has been passed against the petitioner and he was not party before the Rent Tribunal, he submitted an appeal along-with application seeking leave to file the appeal and an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. Counsel submits that the arguments on the stay application as well as the application filed under Section 5 of the Limitation Act were heard by the Tribunal on 10.07.2025 and the record of the Tribunal was summoned, but till date, neither the stay application nor the appeal so preferred by the petitioner has been decided and the Executing Court is bent upon to execute the order dated 15.09.2023 passed by the Tribunal. Counsel submits that under these circumstances, appropriate direction be issued to the Appellate Tribunal to decide the pending appeal expeditiously preferably on the next date, which is fixed as 12.09.2025. 5. Considering the limited prayer so made by counsel for the petitioner and looking to the fact that the appeal preferred by the petitioner against the order passed by the Tribunal is lying pending for its adjudication on merits. It is expected from the Appellate Authority to make all possible endavours to decide the appeal on the next date or if not possible, by fixing a short fixed date, but not beyond the period of six weeks from the date of receipt of certified copy of this order. [2025:RJ-JP:36552] (3 of 3) [CW-13630/2025] 6. With the aforesaid observation and direction, the instant writ petition stands disposed of. All pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /46