[2025:RJ-JP:43724] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19611/2024 Smt. Meetraj Wife Of Indrajeet Singh, Aged About 73 Years, Resident Of Plot No. 433, Gali Number-3, Raja Park, Jaipur Mahanagar, Through Power Of Attorney Holder Indrajeet Singh Son Of Late Sh. Gurbachan Singh, Aged About 78 Years, Resident Of Plot No. 433, Gali Number-3 Raja Park, Jaipur Mahanagar ----Petitioner Versus Seema Gupta Wife Of Mukesh Gupta, Aged About 65 Years, Resident Of Plot No. C-86, Sethi Colony, Jaipur ----Respondent For Petitioner(s) : Mr. Abhi Goyal For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 31/10/2025 1. The present writ petition has been filed by the petitioner under Article 226 and 227 of the Constitution of India, seeking direction to the learned Rent Tribunal to dispose the Eviction Application No. 699/2019 expeditiously in a time bound manner. 2. Learned counsel for the petitioner submits that the eviction application is pending before the learned learned Rent Tribunal since 2019 and presently the matter is pending for cross- examination of the witness of non-applicant wherein the non- applicant has been seeking adjournments for the same. Therefore, he prays that the disposal of the Eviction Application No. 699/2019 may be expedited. [2025:RJ-JP:43724] (2 of 3) [CW-19611/2024] 3. Heard and considered the submissions made at bar and perused the material available on record. 4. 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;" 5. 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 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." 6. Although, from a bare perusal of the order-sheets, it is reflected that the eviction application was filed in 2019; and is presently pending for the cross-examination of the witness of the non-applicant. 1 2024 SCC OnLine SC 3526 2 2024 INSC 150 3 2023 SCC OnLine Mad 674 [2025:RJ-JP:43724] (3 of 3) [CW-19611/2024] 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 within a time-bound manner. The Court concerned 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 within a reasonable period of time; however, it is expected that the learned Rent Tribunal will not entertain unnecessary and unwarranted requests for adjournment. 8. With the aforesaid direction, the present writ petition is disposed of. 9. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J RIYA/18