HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil Writ Petition No. 5803 / 2017

Pankaj Pancholi S/o Shri Jagdish Prasad Sharma, Aged About 42

Years, Plot No. 174-A, Jubli Ka Bas, Near Over Bridge, Alwar.

----Petitioner

Versus

Dulichand S/o Shri Phoolchand Saini by Case Saini, Kasiram Ka

Chouraha, Sadhwala Kuwa, Alwar, Shopkeeper Jaimarg, Near Over

Bridge, Alwar.

----Respondent

_____________________________________________________

For Petitioner(s) : Mr. Mohit Gupta

For Respondent(s) : Mr. S.K. Singodiya

_____________________________________________________

HON'BLE MR. JUSTICE ALOK SHARMA

Judgment

31/07/2017

Under challenge is the order dated 1.3.2017 passed by

the Executing Court in an execution application holding that the

prayer made in the application was beyond the judgment dated

26.10.2006. The petitioner-landlord is aggrieved thereof.

Heard. Considered.

Section 19(6) of the Rajasthan Rent Control Act, 2001

(for short ‘Act of 2001’) provides that from every final order

passed by the Rent Tribunal, an appeal shall lie to the

jurisdictional Appellate Rent Tribunal. Explanation to Section 19 of

the Act of 2001 provides that the expression “final order” referred

to in Sub-sec. (6) shall mean an order by which any proceeding

pending before the Rent Tribunal is finally disposed of.

I am of the considered view that the execution

(2 of 2)

[CW-5803/2017]

application of the petitioner-landlord disposed of vide order dated

1.3.2017 entails finality. The said order is thus a final order of the

Rent Tribunal and is appealable before the Appellate Rent Tribunal

under Section 19(6) of the Act of 2001.

Resultantly, the petitioner-landlord has an alternative

remedy against the impugned order dated 1.3.2017. There is thus

no reason to exercise the superintending jurisdiction of this Court

thereagainst.

Petition is accordingly, dismissed.

(ALOK SHARMA) J.

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