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2025 DAILYLAW 47366 (RAJ)

DEEPAK JAIN SON OF LATE SHRI TARACHAND JI JAIN v. SMT. CHANDRAKANTA PATNI WIFE OF SHRI PRADHUMN KUMAR PATNI

CW/6414/2024 · 2025-11-21

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:47196] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6414/2024 Deepak Jain S/o late Shri Tarachand Ji Jain, aged about 46 Years, R/o 281, Radha Damodar Ji Ki Gali, Nataniyon Ka Rasta, Tripoliya Bazar, Jaipur (Raj.). ----Petitioner Versus Smt. Chandrakanta Patni W/o Shri Pradhumn Kumar Patni, aged about 63 Years, R/o (1) 241, Vinoba Vihar, Jagarpura Road, Behind Trimurti Apartment, Jaipur (2) 281, Radha Damodar Ji Ki Gali, Nataniyon Ka Rasta, Jaipur (Raj.). ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 21/11/2025 1. The present writ petition has been filed by the petitioner with a prayer for expeditious disposal of the Rent Application No.735/2019 titled 'Deepak Jain Vs. Smt. Chandrakanta Patni'. 2. Learned counsel for the petitioner submits that the rent application was filed in 2019, and the said petition has been pending at arguments stage on an application filed under Section 21 of the Act. Therefore, he prays that the disposal of the Rent Application No.735/2019 may kindly be expedited and disposed of within a period of six months. 3. Heard and considered the submissions made at bar and perused the material available on record. 4. From a bare perusal of the order-sheets, it is reflected that the petitioner's application was filed in 2019, and at present the same is pending at the stage of arguments on an application. [2025:RJ-JP:47196] (2 of 2) [CW-6414/2024] 5. The Hon’ble Apex Court in the case of Sangram Sadashiv Suryavanshi vs. State of Maharashtra1 while relying upon the constitutional Bench judgment of the Hon’ble Supreme Court in High Court Bar Association, Allahabad vs. State of U.P.2, has deprecated the practice of the Courts issuing directions to the subordinate Courts to decide the matter within a timeline, the relevant extract of para 47.3 of High Court Bar Association, Allahabad (Supra) is reproduced as under: “47.3. Constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time- bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending;" 6. In that view of the matter, this Court is not inclined to issue a direction to the learned Tribunal to decide the pending rent and eviction petition within a time-bound manner. 7. But at the same time, the learned Tribunal is expected to regulate its own procedure in respect of the cases on board for effective disposal and to ensure that the cases are disposed of expeditiously within a reasonable period of time; while doing so, it is also expected from the learned Tribunal that they will not entertain unnecessary and unwarranted requests for adjournment. 8. With the aforesaid direction, the present civil writ petition is disposed of. 9. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J DEEPA-27 1 2024 SCC OnLine SC 3526 2 2024 INSC 150