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Govindnayan Dec 19

This document is a court order from the High Court of Rajasthan regarding a civil writ petition challenging an order related to the eviction and recovery of rent arrears based on a decree passed against the respondent. The court allows the petition for reasons given in another judgment delivered the same day. It clarifies that the execution of the decree is only against the named respondent and not the second defendant. It directs that related pending suits be disposed of within 12 months and the execution application against the respondent be disposed of within 6 months. Adjournments in the cases will only be granted for valid written reasons by a reasoned court order.

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26 views2 pages

Govindnayan Dec 19

This document is a court order from the High Court of Rajasthan regarding a civil writ petition challenging an order related to the eviction and recovery of rent arrears based on a decree passed against the respondent. The court allows the petition for reasons given in another judgment delivered the same day. It clarifies that the execution of the decree is only against the named respondent and not the second defendant. It directs that related pending suits be disposed of within 12 months and the execution application against the respondent be disposed of within 6 months. Adjournments in the cases will only be granted for valid written reasons by a reasoned court order.

Uploaded by

Manoj
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We take content rights seriously. If you suspect this is your content, claim it here.
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S.B. CIVIL WRIT PETITION NO.

4329/2011
(Govindnarayan Rajoria Vs. Suresh Chand Lakhera & Ors.)

(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
JAIPUR

ORDER
S.B. CIVIL WRIT PETITION NO.4329/2011
(Govindnarayan Rajoria Vs. Suresh Chand Lakhera & Ors.)
Date of Order :

19.12.2013

HON'BLE MR. JUSTICE ALOK SHARMA


Mr. Manoj Bhardwaj, for the petitioner-decree-holder.
Mr. Biri Singh, Sr. Advocate with
Ms. Sikha Parnami, for the respondent-judgment-debtor.
BY THE COURT

This petition has been filed challenging the order


dated 22.01.2011, passed by the Additional District Judge (Fast
Track), Dausa in execution case No.14/2010 titled Govind
Narayan Vs. Suresh qua decree for eviction and recovery of
arrears of rent passed ex-parte on 07.03.2003 against the
respondent-judgment-debtor, Suresh Chand Lakhera.
In view of the reasons set out in the judgment of this
Court passed today in SBCWP No.3730/2013, the petition
deserves to be allowed. Accordingly allowed.
It is however made clear that the execution of the
decree would be confined to the respondent-judgment-debtor
Suresh Chand Lakhera. The second defendant in the plaintiff's
decree-holder suit shall be entitled to take his defence in the
pending suit qua him as also otherwise albeit strictly in
accordance with law

S.B. CIVIL WRIT PETITION NO.4329/2011


(Govindnarayan Rajoria Vs. Suresh Chand Lakhera & Ors.)

(2)

The counsel for the parties agree that the suit


No.20/2001 as also suit No.2/2011 pending before the District
Judge, Dausa be expeditiously disposed of and in any even within
twelve months from today. Accordingly directed. It is further
directed that the execution application in the decree dated
07.03.2003 against the judgment-debtor Suresh Chand Lakhera
be disposed of within six months from the presentation of a
certified copy of this court before the trial court. It is directed
that adjournments shall not be granted on the mere asking, but
only on the basis of an application in writing detailing the cause
for the time sought. Adjournments then be granted by the trial
court only by a reasoned and speaking order in accordance with
law. Judgment of the Hon'ble Apex Court in the case of M/s.

Shiv Cotex Versus Tirgun Auto Plat P. Ltd. & Others [2011
AIR SCW 5789] be adhered too.

MS/-

(ALOK SHARMA), J

All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.Manoj Solanki, Jr. P.A.

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