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RADHABALLABH KATTA versus SEWAKANI TRADERS

High Court of Rajasthan

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RADHABALLABH KATTA v SEWAKANI TRADERS - CW Case No. 3693 of 2007 [2007] RD-RJ 2755 (17 May 2007)

S.B. CIVIL WRIT PETITION NO.3693/2007.

Radha Ballabh Katta

Vs.

Sevkani Traders Anaj Mandi and anr.

Date of order :- 17/5/2007.

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

Shri Satish Khandelwal for the petitioner.

****

The petitioner has filed this writ petition with the prayer that the learned Rent Tribunal, Jaipur may be directed to decide the suit being Civil Suit No.435/2006

(Radha Ballabh Katta Vs. Krishna Gopal Mehra) within two weeks. According to the counsel, the suit in nature of inter-pleader was filed in the year 2004 and due to delay in the trial the plaintiff was taking undue advantage. Learned counsel has given reference to the provisions of Section 6(1), 9(d), (jha) and (ta) of the

Rajasthan Rent Control Act, 2001 in this respect and has stated that inspite of the fact that number of dates have been fixed for framing the issues, but still the issues have not been framed.

Although, it may be true that the trial of the civil suit in question have been adjourned on number of dates but that cannot become a ground for issuing a direction by this Court that trial of this particular matter or any other case should be conducted within two months. Petitioner however can always invited attention of the court towards the delay and prolonged pendency of the proceedings by making an appropriate application.

However, it is noticed that if what the petitioner is stating is correct that as many as 15 dates have been fixed till date for framing issues but issues has yet not been framed, this fact need to be taken note of by the trial court.

Accordingly, the writ petition is disposed of.

(MOHAMMAD RAFIQ), J. anil


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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