LAWS(RAJ)-2025-4-61

RAMSWAROOP Vs. MOOLCHAND SAINI

Decided On April 24, 2025
RAMSWAROOP Appellant
V/S
Moolchand Saini Respondents

JUDGEMENT

(1.) By way of filing this writ petition, a challenge has been made to the orders dtd. 5/3/2024 and 11/3/2025 passed by the Executing Court, Rent Tribunal by which warrant under Order 21 Rule 35 CPC has been issued against the petitioner for vacating the rented premises. A prayer has been made for issuing direction to the Rent Appellate Tribunal to decide the appeal expeditiously.

(2.) Learned counsel for the petitioner submits that an application under Ss. 6 and 9 of the Rajasthan Rent Control Act, 2001 (for short, "the Act of 2001") was submitted by the respondents against the petitioner for his eviction from the rented premises. The said application was allowed by the Rent Tribunal, Alwar by order dtd. 5/3/2024 against which a statutory appeal has been preferred by the petitioner before the Rent Appellate Tribunal on 2/5/2024. Counsel submits that final arguments have been heard in the said appeal and only the judgment remains to be pronounced. Final arguments have already been heard on the said appeal on 28/1/2025 and thereafter, the case was posted for 13/2/2025, 18/2/2025 & 21/2/2025 for pronouncement of the judgment. Thereafter on 6/3/2025, the case was posted for 24/3/2025 for pronouncement of the judgment, but till date, the appeal has not been decided and the judgment has not been pronounced and in the meantime, the Executing Court is proceeding further to evict the petitioner from the rented premises, therefore, appropriate orders are required to be passed.

(3.) Heard and considered the submissions made at Bar and perused the material available on the record.