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2026 DAILYLAW 4426 (RAJ)

SHARVAN KUMAR JOSHI S/O HANUMAN SAHAY SHARMA v. DEEPAK SWAMI SON OF LATE SHRI ISHWAR DAS SWAMI

CW/13820/2023 · 2026-04-08

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:14698] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13820/2023 Sharvan Kumar Joshi S/o Hanuman Sahay Sharma, Aged About 44 Years, Resident Of C-130, Dayanand Marg, Tilak Nagar, Jaipur (Rajasthan). ----Petitioner Versus Deepak Swami Son Of Late Shri Ishwar Das Swami, Resident Of C-130, Dayanand Marg, Tilak Nagar, Jaipur, Police Station, Adrash Nagar, Jaipur (Rajasthan) ----Respondent For Petitioner(s) : Mr. Govind Gupta For Respondent(s) : Mr. Keshav Kumar Agrawal HON'BLE MR. JUSTICE BIPIN GUPTA Order 08/04/2026 1. The matter comes up on Application Nos. 01/2024 and 01/2026, which have been filed for early listing of the writ petition. 2. For the reasons mentioned in the applications, the same are allowed. 3. The present writ petition has been filed assailing the order dated 16.08.2023, passed by the learned Rent Tribunal No. 2, Additional Senior Civil Judge-cum-Additional Chief Metropolitan Magistrate, No. 5, Jaipur Metropolitan-II, whereby the application filed by the respondent under Section 19-A of the Rajasthan Rent Control Act, 2001 was partly allowed, and a direction was issued to the petitioner to pay Rs. 17,000/- per month as rent until the disposal of the main application. [2026:RJ-JP:14698] (2 of 2) [CW-13820/2023] 4. Learned counsel for the petitioner fairly submits that during the pendency of this writ petition, the main rent application itself has been decided vide judgment dated 06.01.2026. 5. He, therefore, submits that the writ petition has become infructuous. 6. However, he submits that an execution petition for non- compliance of the order dated 16.08.2023 is pending and that the learned Executing Court is proceeding with the same. 7. Learned counsel for the petitioner further submits that the Executing Court cannot proceed with execution for non-compliance of the order dated 16.08.2023 in view of the final order dated 06.01.2026. 8. This Court finds that the said issue is not presently before this Court. 9. Accordingly, this Court deems it proper to dismiss the writ petition as rendered infructuous. 10. It is, however, clarified that the petitioner shall be at liberty to raise all objections available to him in the execution proceedings. 11. All pending applications stand disposed of. (BIPIN GUPTA),J KRATIKA /50