A writ petition is dismissed for non-prosecution when the petitioner fails to appear and the relief sought becomes infructuous due to the delivery of possession of the subject property to the respondent.

Order

1. By way of present civil writ petition under Article 227 of the Constitution of India, the petitioner has laid a challenge to the order dated 29.07.2025 passed by the learned Appellate Rent Tribunal (District & Sessions Judge), Chittorgarh in Civil Appeal Case No.17/2025, whereby the learned appellate court has dismissed the appeal filed by the petitioner and affirmed the order dated 09.07.2025 passed by the learned Rent Tribunal (Senior Civil Judge), Chittorgarh in Execution Case No.10/2021, rejecting the objection application filed by the petitioner/tenant.

2. Learned counsel for the respondent submits that the respondent preferred an application under Sections 6 & 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act”), seeking revision of rent as well as eviction of the petitioner on the grounds of default in payment of rent and material alterations effected by the petitioner. It is further submitted that, subsequent to the framing of issues by the learned Tribunal, the parties arrived at a compromise, pursuant to which the respondent’s application was disposed of and a certificate was issued in favour of the respondent.

3. Learned counsel for the respondent further submits that the respondent subsequently instituted an application under Section 20 of the Act seeking attachment of the subject property. It is submitted that the petitioner filed objections thereto, contending that the execution proceedings were not maintainable. Learned counsel further submits that, during the pendency of the present civil writ petition, execution proceedings were initiated and have since been concluded, and consequently, possession of the subject property was handed over to the respondent on 18.08.2025. It is also submitted that the petitioner has failed to appear on the previous dates of hearing, and in view of the fact that possession of the subject property has already been delivered to the respondent, nothing survives for adjudication in the present civil writ petition, which, therefore, deserves to be dismissed.

4. Upon perusal of the previous order-sheets, it is evident that learned counsel for the petitioner has remained absent on earlier date of hearing i.e. on 12.01.2026. The matter was listed yesterday, i.e., on 27.04.2026, and none appeared on behalf of the petitioner even in the second round and the matter was kept today. None appears on behalf of the petitioner today as well. In such circumstances, it appears that the petitioner is no longer interested in prosecuting the present civil writ petition.

5. In view of the above and having regard to the repeated absence on behalf of the petitioner, coupled with the fact that possession of the subject property has already been handed over to the respondent on 18.08.2025, nothing survives for consideration in the present civil writ petition.

6. Accordingly, the present civil writ petition stands dismissed for non-prosecution. The stay application as well as all other pending application(s), if any, also stand dismissed.