[2026:RJ-JP:13544]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5795/2026 Awadhesh Mishra S/o Shri Suresh Kaushik, Aged About 46 Years, Resident Of 15, Ram Bhawan , Jawali Colony , Station Road, Alwar ( Rajasthan)

----Petitioner Versus Ashok Sancheti S/o Late Shri Mangal Chand Sancheti, Aged About 61 Years, Resident Of New Sancheti House , Nagali Circle , Alwar , Tehsil Alwar District Alwar ( Rajasthna)

----Respondent For Petitioner(s) : Mr. Prakash Chand Thakuriya For Respondent(s) :

HON'BLE MR. JUSTICE BIPIN GUPTA

Order

01/04/2026

1. The present writ petition has been filed assailing the order dated 26.02.2026, passed by learned Rent Tribunal, Alwar, in Application No. 34/63/2021, whereby the application of the non- applicant/petitioner for permitting him to be available for cross-

examination was declined.

2. Learned counsel for the petitioner submits that at an earlier stage, the non-applicant/petitioner had filed a writ petition challenging the impugned order dated 20.03.2025 when their evidence had already been closed. The Co-ordinate Bench of this Court, in Writ Petition No. 5612/2025, allowed the writ petition of the non-applicant/petitioner vide order dated 29.04.2025, granting him one opportunity to lead evidence, subject to the payment of costs of Rs. 10,000/- and plantation of 11 plants in the interest of the public at large.

3. Learned counsel for the petitioner further submits that, in compliance with the order dated 29.04.2025, the petitioner appeared on 21.05.2025, on which date the Rent Tribunal continued the evidence of Naresh Tiwari and completed his cross-

examination.

4. Learned counsel for the petitioner contends that it was the applicant who himself requested time on 21.05.2025 for cross- examination of the non-applicant/petitioner, and the Trial Court accordingly adjourned the matter for cross-examination to 05.07.2025. On 05.07.2025, the Presiding Officer was on leave, and the matter was posted to 05.08.2025. On 05.08.2025 also, the Presiding Officer was on leave, and the matter was posted to 20.08.2025. On 20.08.2025, the non-applicant/petitioner, due to illness, could not appear, and the matter was adjourned to 20.09.2025. On 20.09.2025, he again could not appear due to health reasons, and the Court closed the evidence. Learned counsel, therefore, prays that the petitioner may be granted one final opportunity to appear for cross-examination, submitting that the applicant would not be prejudiced as appropriate costs can be awarded.

5. Heard.

6. Perused the material available on record.

7. This Court finds that on 21.05.2025, the applicant himself had taken time for cross-examination of the non- applicant/petitioner-Awadhesh. Thereafter, on two occasions, the learned Presiding Officer was not available, and subsequently, on two occasions, the petitioner could not appear due to alleged health issues.

8. Considering the facts and circumstances, this Court deems it appropriate to grant one final opportunity to the petitioner to appear for cross-examination by the applicant-respondent on the next date of hearing before the Trial Court, subject to payment of costs of Rs. 50,000/- to the applicant-respondent.

9. If, on the next date of hearing, the non-applicant/petitioner fails to appear, the right to cross-examine shall stand closed. The cost shall remain payable in any event.

10. If the respondent is aggrieved by this order, he may approach this Court by filing a recall application.

11. With the above directions, this instant writ petition stands disposed of.

12. Pending application(s), if any, stand disposed of.

(BIPIN GUPTA),J RAHUL KUMAR /16