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2025 DAILYLAW 42320 (RAJ)

ALIS GARG WIFE OF LATE K.B. GARG v. AVIVIR BUSINESS PVT. LTD.

CW/14419/2025 · 2025-10-10

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:41321] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14419/2025 Alis Garg Wife of Late K.B. Garg, aged about 70 Years, R/o. House No. A-48A, Shantipath, Tilak Nagar, Jaipur-302004 Police Station Adarsh Nagar, Jaipur. ----Petitioner Versus Avivir Business Pvt. Ltd., Registered Office S-7, Piyush Path, Bapu Nagar, Jaipur through its Director Ujjawal Bhandari S/o Shri Munishwar Nath Bhandari aged about 40 Years. ----Respondent For Petitioner(s) : Mr. Vimal Kumar Jain with Mr. Jitendra Mohan Jain Mr. Shubham Jain For Respondent(s) : Mr. L.L. Gupta HON'BLE MR. JUSTICE MANEESH SHARMA Order 10/10/2025 1. The present writ petition has been filed by the petitioner, assailing the order dated 03.09.2025 passed by the Rent Tribunal No.2, Jaipur Metropolitan-I in Application No.29/2025 titled 'Avivir Business Pvt. Ltd. Vs. Alis Garg', whereby the petitioner's prayer to cross-examine Ujjawal Bhandari (PW-1) has been declined. 2. The learned counsel for the petitioner submits that the petitioner filed an application under Section 21 of the Rajasthan Rent Control Act, 2001 for allowing the petitioner to cross- examine the Ujjawal Bhandari (PW-1) to decide the real controversy on merits of the case. He further relies on the judgments passed by the Division Bench of this Court in the [2025:RJ-JP:41321] (2 of 2) [CW-14419/2025] matter of Aasandas Vs. State of Rajasthan & Ors.1 and in the matter of Ramswaroop Vs. Charanjeet Singh & Ors.2 3. At the outset, learned counsel for the respondent, upon instructions of his client, submits that in order to save the precious time, he has instructions that the impugned order may kindly be set aside and the opportunity to cross-examine PW-1 or his witnesses, if any, may be granted to the petitioner. He further submits that the next date fixed in the court is 13.10.2025, therefore, the cross-examination may be concluded within a period of one month from 13.10.2025. 4. In the above consensus, the present writ petition stands disposed of with the direction that the impugned order is hereby set aside and the petitioner is permitted to cross-examine the respondent-Ujjawal Bhandari (PW-1)/ any other witness, if any. But the cross-examination of the respondent and witnesses (if any) has to be concluded within a period of one month from the next date fixed before the learned Rent Tribunal i.e. 13.10.2025. 5. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /18 1 (RLW 2005 (2) Raj.) 2 2007 (4) RLW