SHAKUNTLA DEVI WIFE OF SH. RAJENDRA SHARMA v. NARENDRA KUMAR SON OF LATE ISHWARDAS
CW/16414/2025 · 2025-11-10
Maneesh Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47984 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47984 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:44979] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16414/2025 Shakuntla Devi W/o Sh. Rajendra Sharma, aged about 57 Years, R/o Plot No. 61, Near Chauri Kothi, Bhrahmapuri Road, Brahmpuri, Jaipur. ----Petitioner Versus Narendra Kumar S/o Late Ishwardas, Tenant, Shop No.13, Outside Plot No.61, seeing towards western side, Chauri Kothi, Brahmpuri Road, Brahmpuri, Jaipur. ----Respondent For Petitioner(s) : Mr. Nitin Jain For Respondent(s) :
HON'BLE MR. JUSTICE MANEESH SHARMA
Order 10/11/2025
1. The present writ petition has been filed by the petitioner seeking direction to the learned Rent Tribunal to expeditiously dispose of the eviction petition No.19/2022.
2.
Learned counsel for the petitioner submits that the eviction petition has been pending since 2022. Therefore, he prays that the disposal of the eviction petition No.19/2022 may kindly be expedited and disposed of within a specified time.
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 eviction petition was filed only in 2022, wherein the issues have already been framed and at present the eviction petition is pending at the evidence stage.
[2025:RJ-JP:44979] (2 of 3) [CW-16414/2025]
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. Further, this Court is in respectful agreement with the
judgment of the High Court of Madras in S. Baby Vs. S.Sakkubai Ammal3, which re-iterated the principle of law laid down in the High Court Bar Association, Allahabad (Supra) where it was held as under:
"12. The practice of giving preference to any litigation without any justification at all circumstances to be avoided. Every litigant approaching the Court of Law is waiting for justice and thus, it must be done in a consistent manner and without discriminating the litigants. Therefore issuing directions indiscriminately for speedy disposal of cases would do no service to the cause of justice. Every urgency cannot be considered for issuing a direction for speedy disposal, and the urgency, which is imminent alone to be considered."
7. In that view of the matter, this Court is not inclined to issue a direction to the learned Rent Tribunal to decide the pending eviction petition No.19/2022 within a time-bound manner.
8. The concerned Rent 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 12024 SCC OnLine SC 3526 22024 INSC 150 32023 SCC OnLine Mad 674
[2025:RJ-JP:44979] (3 of 3) [CW-16414/2025] reasonable period of time; however, it is expected that the learned Rent Tribunal will not entertain unnecessary and unwarranted requests for adjournment.
9. With the aforesaid direction, the present civil writ petition is
disposed of.
10. All pending application(s), if any, shall stand disposed of.
(MANEESH SHARMA),J DEEPA-20