SMT. KAMLA DEVI W/O LATE SHRI MAN SINGH v. SHRI BABBU SINGH S/O LATE SHRI MAN SINGH
CW/2692/2025 · 2025-05-15
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7849 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7849 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:20627] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2692/2025 Smt. Kamla Devi W/o Late Shri Man Singh, Aged About 85 Years, R/o House No. C-4 (South), Man Vihar Colony, Hari Marg, Civil Lines, Jaipur, Rajasthan, Police Station Sodala. ----Petitioner/Applicant Versus
1. Shri Babbu Singh S/o Late Shri Man Singh, Aged About 61 Years, R/o House No. C-5 And C-2, Man Vihar Colony, Hari Marg, Civil Lines, Jaipur, Rajasthan.
2. Smt. Chandrakala Devi W/o Shri Babbu Singh, Aged About 59 Years, R/o House No. C-5 And C-2, Man Vihar Colony, Hari Marg, Civil Lines, Jaipur, Rajasthan.
3. Pinki Kanwar D/o Shri Babbu Singh, Aged About 33 Years, R/o House No. C-5 And C-2, Man Vihar Colony, Hari Marg, Civil Lines, Jaipur, Rajasthan.
4. Vinit Singh S/o Shri Babbu Singh, R/o House No. C-5 And C-2, Man Vihar Colony, Hari Marg, Civil Lines, Jaipur, Rajasthan. ----Respondents/Non-Applicant For Petitioner(s) : Mr. Avinash Vyas, Adv.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 15/05/2025
Learned counsel for the petitioner submits that the petitioner who is aged about 85 years, filed an application on 08.01.2024 under the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (for short, ‘the Act of 2007’) praying therein that the respondents be directed not to cause any hindrance in the peaceful possession and use of the property and further prayed to pass order of eviction. It is submitted that on
[2025:RJ-JP:20627] (2 of 2) [CW-2692/2025] the said application, notices were issued to the respondents and reply was filed on 24.10.2024. Counsel submits that proceedings before the learned Tribunal are summary in nature and should be concluded at earliest. He further submits that more than six months have passed after submission of the reply but till date, application filed by the petitioner has not been decided.
Learned counsel submits that in these circumstances, learned Tribunal may be directed to conclude the proceedings at earliest. Considering the facts and circumstances of the case, further considering the fact that proceedings before the learned Tribunal are in summary nature and further considering the fact that petitioner is aged about 85 years, I deem it just and proper to direct the learned Tribunal (Sub Divisional Officer cum Sub Divisional Magistrate First, Jaipur) to conclude the proceedings after giving opportunity of hearing to both the parties within a period of three months from the date of receipt of certified copy of this order. With the aforesaid directions, this writ petition stands
disposed of.
(ANIL KUMAR UPMAN),J MADAN/69