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2026 DAILYLAW 7363 (RAJ)

SMT BHANWARI DEVI WIFE OF LATE SHRI FATEH SINGH PRAJAPATI v. MANOJ KUMAR PRAJAPATI SON OF LATE SHRI FATEH SINGH PRAJAPATI

CW/7487/2025 · 2026-05-04

Maneesh Sharma

body2026

Judgment text

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[2026:RJ-JP:18839] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7487/2025 Smt Bhanwari Devi Wife of Late Shri Fateh Singh Prajapati, aged about 62 Years, Resident of 98/8, Peer Miththa Gali, Inside Delhi Gate, Ajmer ----Petitioner Versus Manoj Kumar Prajapati Son of Late Shri Fateh Singh Prajapati, Resident of 98/8, Peer Miththa Gali, Inside Delhi Gate, Ajmer ----Respondent For Petitioner(s) : Mr. Avi Airun For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 04/05/2026 1. The present writ petition has been filed by the petitioner seeking direction to the learned trial Court to expeditiously dispose of the Civil Suit No.42/2023, within a period of one year. 2. Learned counsel for the petitioner submits that the Civil Suit No.42/2023 is pending since 2023, the service of the civil suit is complete and the written statement has already been filed in this matter, he therefore, prays that the disposal of the said suit may kindly be expedited, preferably within a period of one year. 3. Heard and considered the submissions made by learned counsel for the petitioner 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 1 2024 SCC OnLine SC 3526 [2026:RJ-JP:18839] (2 of 2) [CW-7487/2025] High Court Bar Association, Allahabad vs. State of U.P.2, has deprecated the practice of Courts issuing directions to 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. In that view of the matter, this Court is not inclined to accept the argument advanced by learned counsel for the petitioner to issue a direction to the learned Trial Court to decide the pending Civil Suit No.42/2023 expeditiously or within a particular time frame. 6. However, the learned 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 expeditiously; while considering the year of institution, age of the parties concerned as well as the nature of the pleadings of the case; at the same time, it is expected that the learned Rent Tribunal will not entertain unnecessary and unwarranted requests for adjournment. 7. With the aforesaid direction, the present civil writ petition is disposed of. 8. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J SOURAV /19 2 2024 INSC 150