ARUN BHANSALI, J. - (1.) This writ petition has been filed by the petitioners aggrieved against order dated 9.12.2019 passed by the Rent Tribunal, whereby, the time sought by the petitioners to place on record an order passed by the Municipal Council, Nagaur has been rejected.
(2.) A recovery certificate for delivery of vacant possession was ordered to be issued by the Rent Tribunal on 09.12.2010, which was upheld by the Appellate Rent Tribunal on 09.05.2016. In the execution proceedings, the petitioners on account of the fact that in a related proceedings initiated by the petitioners, the Municipal Council, Naguar had passed order dated 18.10.2019, which was filed in the High Court, which the petitioners wanted to produce, and therefore, application was filed seeking adjournment in the matter. As the prayer also pertained to the pending writ petition against the orders of the Tribunals before this Court, record of SBCWP No.8009/2016 was summoned and attached, which is listed before the Court.
(3.) Learned counsel for the petitioners submits that the order dated 18.10.2019 (Annexure.7), which has been passed by the Municipal Council, Nagaur in favour of the petitioners, and therefore, the same was required to be taken on record by the execution Court and time was required to be granted for the said purpose, which was wrongly denied. With reference to the order dated 18.10.2019 (Annexure.7), submissions were made in relation to the maintainability of the execution proceedings/further proceedings in the execution proceedings. Learned counsel for the respondents opposed the submissions with reference to the various findings recorded by the Rent Tribunal as well as the statement of the petitioners before the Rent Tribunal. ;