RAJU HALWAI SON OF SHRI GULAB JI v. PURAN SINGH ARORA SON OF LATE SHRI SARDAAR SINGH
CW/317/2025 · 2025-04-30
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35517 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35517 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 317/2025 Raju Halwai Son Of Shri Gulab Ji, Aged About 46 Years, Resident Of Tila No- 6, In Front Of Power House, Jawahar Nagar Kacchi Basti, Jawahar Nagar, Jaipur (Rajasthan) -302004. ----Petitioner Versus Puran Singh Arora Son Of Late Shri Sardaar Singh, Aged About 87 Years, Resident Of 3-Cha-18, Jawahar Nagar, Jaipur (Rajasthan) - 302004. ----Respondent For Petitioner(s) : Mr. Chitransh for Ms. Nidhi Sharma For Respondent(s) : Mr. Shashi Shekhar Gaur for Mr. Prateek Kasliwal JUSTICE ANOOP KUMAR DHAND
Order 30/04/2025
1. By way of filing this writ petition, a challenge has been led to the impugned order dated 19.11.2024 passed by the Rent Tribunal by which the opportunity of cross-examination of the petitioner has been closed.
2. Counsel for the petitioner submits that an eviction application under Section 9 of the Rajasthan Rent Control Act, 2001 has been submitted by the petitioner against the respondent wherein his cross-examination with the respondent is essential but last opportunity of the petitioner has been closed by the Tribunal by passing the order impugned, hence one last opportunity be granted to the petitioner for cross-examination.
(2 of 3) [CW-317/2025]
3. Per contra, counsel for the respondents opposes the
arguments raised by counsel for the petitioner and submits that in
order to delay the disposal of the eviction application intentionally and deliberately, the petitioner is not cross-examining with the respondent that is why his opportunity of cross-examination was closed by the Tribunal by passing the order dated 19.11.2024. Counsel submits that the instant writ petition has been preferred against the aforesaid order and this Court has passed an interim
order dated 27.02.2025 granting one more opportunity to the petitioner to cross-examine the respondent landlord and the trial Court was directed to fix the date for appearance. Counsel submits that on 17.04.2025, the respondent was present in the Court but his cross-examination was not done and the case was posted for 28.04.2025 and on that date also the cross-examination was not done. Counsel submits that a conditional order was passed in favour of the petitioner by granting him one last and final opportunity to cross-examine the respondent on the next date i.e.
14.05.2025.
4. Considering the above submissions made by the respective parties, the present writ petition stands disposed of by granting one last and final opportunity to the petitioner to cross-examine the respondent on the next date i.e. on 14.05.2025 and in case for any reason, if the cross-examination could not be completed due to paucity of time, then short date be fixed for the aforesaid purpose. In any case, no further opportunity would be granted by the Tribunal to the petitioner for the aforesaid purpose and all possible endeavour be made to do the needful on the next date.
(3 of 3) [CW-317/2025]
5. With the aforesaid observations, the present writ petition stands disposed of.
6. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Ashu/56