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2025 DAILYLAW 29373 (RAJ)

RAJENDRA SINGH S/O SHRI BHEEM SINGH v. VINOD KUMAR S/O SHRI RAMJEELAL

WMAP/376/2025 · 2025-09-19

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No.376/2025 In S.B. Civil Writ Petition No.9980/2025 Rajendra Singh S/o Shri Bheem Singh, Aged About 79 Years, R/o Church Road Alwar ----Petitioner Versus Vinod Kumar S/o Shri Ramjeelal, Shopkeeper Vinod Timber Marchand, Church Road Alwar ----Respondent For Petitioner(s) : Mr. Mohit Gupta For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 19/09/2025 1. The instant misc. application has been submitted seeking extension of time to deposit the cost as imposed by this Court and for appearance of the petitioner before the Rent Tribunal pursuant to the order dated 08.07.2025 passed by this Court while deciding S.B. Civil Writ Petition No.9980/2025. 2. Learned counsel for the petitioner submits that the aforesaid writ petition submitted by the petitioner was disposed of by quashing the order impugned subject to payment of cost of Rs.5000/-, which was required to be deposited with the Tribunal and the petitioner was directed to appear before the Tribunal on 29.07.2025. Counsel submits that on account of communication between the counsel and (2 of 2) [WMAP-376/2025] the petitioner and due old age of the petitioner i.e. 83 years, he could not appear before the Tribunal on the date fixed by this Court i.e. on 29.07.2025, but immediately thereafter, i.e. on 01.08.2025, the petitioner appeared before the Tribunal by way of filing an application to deposit the cost amount of Rs.5000/- in the litigants welfare fund, but the Tribunal has not allowed the petitioner to appear and deposit the cost amount, as the time fixed by this Court was expired two days before. Counsel submits that on account of above narrated facts and circumstances, the mistake has occurred, hence, the order dated 08.07.2025 be modified. 3. Heard and considered the submissions made by counsel for the petitioner. 4. The application stands allowed for the reasons stated therein. The petitioner is directed to appear before the Tribunal on 26.09.2025. 5. It is made clear that in case, the petitioner fails to appear on the said date and fails to deposit the cost amount, no further opportunity would be granted to the petitioner and the Tribunal would be at liberty to proceed with the matter, strictly in accordance with law. (ANOOP KUMAR DHAND),J KuD/62