GIRRAJ PRASAD SHARMA S/O HARI SHANKAR SHARMA v. SHARDA SHARMA W/O ANANT RAM SHARMA
CW/11024/2025 · 2025-11-26
Bipin Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48066 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48066 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:47930] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11024/2025 Girraj Prasad Sharma S/o Hari Shankar Sharma, Aged About 44 Years, R/o House No. 103, Shiv Colony, Kisan Marg, Tonk Phatak, Jaipur. ----Petitioner Versus
1. Sharda Sharma W/o Anant Ram Sharma, Aged About 64 Years, Resident Of Sadrohanya Ki Dhani, Near Petrol Pump. Geejgarh, Tehsil Sikrai, District Dausa.
2. Anantram Sharma S/o Late Shri Banshidhar Sharma, Aged About 67 Years, Resident Of Sadrohanya Ki Dhani, Near Petrol Pump, Geejgarh, Tehsil Sikrai, District Dusa. ----Respondents For Petitioner(s) : Mr. M. K. Maloo, Sr. Adv. with Mr. Prakhar Gupta, Adv. For Respondent(s) : Mr. Sarthak Palaria, Adv. with Mr. Vinod Kumar Tamoliya, Adv. Mr. Rishi Parashar, Adv.
HON'BLE MR. JUSTICE BIPIN GUPTA
Order 26/11/2025
1. With consent of both the parties the present writ petition is heard.
2. Both the parties are in agreement that the impugned order may be set aside subject to the condition that the matter may be remanded back to the Court of Additional District and Sessions Judge No.3, Jaipur Metropolitan-II (hereinafter, ADJ No.3, Metro II) which has been notified as Rent Appellate Tribunal for deciding the present dispute.
3. It is undisputed that since the Rent Appellate Tribunal in the Court of ADJ No. 3 Jaipur Metro II is vacant and the charge is with Additional District and Sessions Judge No.2, Jaipur Metropolitan-II
[2025:RJ-JP:47930] (2 of 2) [CW-11024/2025] (hereinafter, ADJ No. 2 metro II). therefore, in the interest of justice the matter may be ordered to be sent back to ADJ No.2 Metro-II who is having charge of ADJ No.3 Metro II as a Rent Appellate Tribunal.
4. On instructions of his client present in Court, learned counsel for the respondents has no objection to the above proposal except for a direction to decide the appeal within time frame.
5. Considering the above, this Court deems it appropriate to quash and set aside the order dated 26.03.2025. The matter is ordered to be listed before ADJ No.2, Metro-II who is exercising the power as Rent Appellate Tribunal for the present dispute and the Tribunal is expected to decide the matter as early as possible preferably within a period of two months from the date of receipt of the certified copy of this order. Both the parties are directed to appear before the ADJ No.2, Metropolitan-II on 01.12.2025.
6. It is also made clear that if the vacant post of Rent Appellate Tribunal in the Court of ADJ No.3 Metro-II is filled then the same
order will also apply on that Court.
7. With these observations, the present writ petition is disposed of.
8. All pending applications stands disposed of.
(BIPIN GUPTA),J TANISHA /18