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2008 DIGILAW 1639 (RAJ)

Vasudev Manghani v. Rent Appellate Tribunal, Ajmer

2008-07-08

DALIP SINGH

body2008
JUDGMENT 1. - In the writ petition the petitioners who are the landlords and have preferred the appeal before the learned appellate tribunal have sought the relief that the appeal filed by the plaintiffs-petitioners pending before the learned appellate tribunal be directed to be heard and decided by the Presiding Officer at the earliest. It is submitted that as per the provisions of the Act, the appeal is required to be heard within the time-frame as provided whereas the appeal is pending since 2005. 2. It is contended that in the instant case, the appeal was filed as early as in the month of May, 2005 and more than two years have elapsed but the appeal has not been heard. 3. Learned counsel for the petitioner has filed Exhibit-1, the ordersheets w.e.f. 19.05.2005 to 07.05.2008. A perusal of the above ordersheets, however, goes to show that both the parties have on one occasion or the other sought time from the learned Tribunal to argue the appeal. 4. Be that as it may, it is directed that in case toe parties insist for arguing the appeal before the learned Tribunal, the learned Tribunal would with the cooperation of both the parties decide the same after hearing the parties in accordance with law unless there are compelling circumstances for adjourning the appeal for hearing. 5. With the above direction, this writ petition stands disposed of.Writ petition disposed of as above. *******