IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.3332/2010 Manohar Lal Gupta Versus. Appellate Rent Tribunal and others. DATE OF ORDER : 06/04/2010 HON'BLE MR. JUSTICE AJAY RASTOGI ***
Mr. RP Vijay, for petitioner.
Instant writ petition has been filed with the grievance that at the stage when the petitioner preferred appeal against the order of Rent Tribunal alongwith an application for interim relief on 03/07/2009, his prayer for interim relief has not been examined by the Appellate Rent Tribunal and the respondent-applicant herein has filed application for execution of the decree of ejectment passed by the learned Rent Tribunal against which appeal is pending for adjudication.
It appears from the record that the decree of ejectment was passed by the Rent Tribunal, Kota on 22/05/2009 against which the petitioner has preferred appeal under Section 19 of the Rajasthan Rent Control Act, 2001 on 03/07/2009 alongwith application for interim relief and, therefore, the Appellate Rent Tribunal ought to consider the application for grant of interim relief.
The main grievance of the petitioner is that the respondent-applicant herein has initiated proceedings for execution of the decree in pursuance of the order of Rent Tribunal dt. 22/05/2009 and the application for interim relief filed alongwith appeal is still pending consideration and if the decree stands executed, the very purpose of filing of the appeal would be frustrated.
Though the merits of the dispute are not required to be examined by the Court at this stage, however, what has been contended by counsel for petitioner, appears to be justified. Once the application for interim relief has been filed by the petitioner alongwith appeal preferred against the decree of Rent Tribunal dt. 22/05/2009, it is certainly expected from the Appellate Rent Tribunal to decide the application filed by the petitioner for grant of interim relief as early as possible. But if the decree of the Rent Tribunal is executed, of which appeal has been preferred, it will certainly cause prejudice to the petitioner.
Accordingly, the writ petition stands allowed with direction to Appellate Rent Tribunal, Kota to consider the application of the petitioner for interim relief and decide the same expeditiously on the next date i.e. 30/04/2010, as informed fixed/any other date.
[AJAY RASTOGI], J.
Raghu/p.2/ 3332-CW-2010-final.do