Anil Bhardwaj Son Of Shri Bagwati ... vs Smt Amita Saraswat Wife Of Shri ...
2021 Latest Caselaw 7429 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Writ Petition No. 3001/2021

Anil Bhardwaj Son Of Shri Bagwati Bhardwaj, Aged About 63
Years, Resident Of Plot No. 39, Chetan Enclave, Jaipur Road,
Alwar
                                                                  ----Petitioner
                                   Versus
Smt Amita Saraswat Wife Of Shri Anil Bhardwaj Daughter Of
Late Shri Mahaveer Prasad, Resident Of Plot No.405, Scheme
No.8, Alwar Police Station Arawali Vihar Alwar District Alwar
                                                                ----Respondent

For Petitioner(s)         :    Ms. Madhumita Das
For Respondent(s)         :    Mr. Hemant Tai



          HON'BLE MR. JUSTICE PANKAJ BHANDARI

                          Judgment / Order

09/12/2021

1. Petitioner has preferred this writ petition with a limited

prayer that the Court below be directed to expedite the disposal of

the execution application which is pending since last eight years.

2. It is contended by counsel for the petitioner that a decree

was passed in favour of the petitioner by the civil Court, wherein

non-petitioners were restrained from creating hindrance in the

peaceful use of the premises. It is further contended that the

decree was passed in the year 2011 and Execution application is

pending since 2013.

3. Counsel for the respondent contends that against the

judgment and decree of the Court below, second appeal is pending

before the High Court and the same would become infructuous, if

the decree is executed.

(2 of 2) [CW-3001/2021]

4. I have considered the contentions.

5. Admittedly, there is no stay order passed in the second

appeal in favour of the respondent. The decree passed way back

in the year 2011 has not been executed till date and execution

application is pending since 2013, this Court deems it proper to

allow the writ petition with the direction of the Execution Court to

dispose of the execution application alongwith all the applications

which are on the board expeditiously at the earliest.

6. Accordingly, Writ Petition is allowed with the above direction.

(PANKAJ BHANDARI),J

ARTI SHARMA /68

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