Brajmohan Tada S/O Late Shri Deep ... vs Shri Maghraj S/O Shri Ram Narayan ...
2021 Latest Caselaw 2670 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 6247/2021

Brajmohan Tada S/o Late Shri Deep Chand Ji Tada, Aged About
58 Years, R/o Sunder Colony, Bhilwara Road, Kakroli, District
Rajsamand.
                                                       ----Petitioner/Objector
                                  Versus
1.    Shri Maghraj S/o Shri Ram Narayan (Deceased), Through
      Legal Representatives.
1/1   Shri Shyam Gopal S/o Late Shri Maghraj.
1/2   Shri Ashok Kumar S/o Late Shri Maghraj.
1/3   Shri Vinod Kumar S/o Late Shri Maghraj, (Deceased)
      Through Legal Representatives
      1/3/1 Smt. Usha W/o Late Shri Vinod Kumar Bindal.
      1/3/2 Ms. Aastha D/o Late Shri Vinod Kumar Bindal.
      1/3/3 Ms. Shreya D/o Late Shri Vinod Kumar Bindal,
      All R/o Plot No. S-7, Parshavnath Colony, Vaishali Nagar,
      Ajmer.
1/4   Shri Anand Prakash S/o Late Shri Maghraj, R/o A.M.C. No.
      13/30,    Ghas     Katla,     Naya       Bazar,      Ajmer   (Deceased)
      Through Legal Representatives
      1/4/1 Manju, W/o Late Shri Anand Prakash
      1/4/2 Arpit Bindal, S/o Late Shri Anand Prakash
      1/4/3 Ms. Ayushri, S/o Late Shri Anand Prakash
1/5   Smt. Sushila Didwaniya W/o Shri Ashok Didwaniya D/o
      Late Shri Maghraj, R/o A.M.C. No. 13/30, Ghas Katla,
      Naya Bazar, Ajmer.
                          ----Respondents/Plaintiff/Decree-Holders

2. Smt. Kanchan Devi W/o Late Shri Vijay Singh, (Deceased Through Legal Representatives)

3. Shri Jai Singh S/o Late Shri Vijay Singh, Himself As Also As Legal Representative Of Smt. Kanchan Devi.

4. Shri Rajendra Singh S/o Late Shri Vijay Singh, Himself As Also As Legal Representative Of Smt. Kanchan Devi Now Deceased Through Legal Representatives 4/1 Smt. Anoop Kanwar, W/o Late Shri Rajendra Singh

(2 of 3) [CW-6247/2021]

4/2 Ms. Dimple, D/o Late Shri Rajendra Singh 4/3 Ms. Lavesh, D/o Late Shri Rajendra Singh 4/4 Bhupendra, S/o Late Shri Rajendra Singh

5. Shakti Singh S/o Late Shri Vijay Singh, Himself As Also As Legal Representative Of Smt. Kanchan Devi,

6. Shri Sumer Singh S/o Late Shri Vijay Singh, Himself As Also As Legal Representative Of Smt. Kanchan Devi, All R/o House No. 1815/1, Ramble Road, Christianganj, Ajmer.

7. Shri Ashok Kumar S/o Late Shri Gopi Kishan, R/o Plot No. K-16, Christianganj, Ajmer.

8. Shri Raman Mahadev S/o Late Shri Gopi Kishan, R/o Plot No. K-7, Christianganj, Ajmer.

9. Smt. Norati Devi W/o Late Shri Purushottam Das Sharma, R/o House No. 1815/1, Ramble Road, Christianganj, Ajmer (Deceased) Through Legal Representatives 9/1 Kamla Sharma W/o Shri Satyanarayan Sharma, R/o Gayatri Nagar Society, House No. 4, District Surendra Nagar (Gujrat) 9/2 Smt. Premlata Bhargava W/o Shri Girdhar Prakash Bhargava, Aged About 62 Years, R/o Kishangarh Kothi, Shiv Colony, Jaipur Road, Ajmer.

9/3 Asha Tiwari W/o Shri Shankar Lal Tiwari, R/o 173, Madhusudan Raw-House, Gudadra, Surat.

10. Shri Ghanshyam S/o Late Shri Purushottam Das Sharma, R/o House No. 1815/1, Ramble Road, Christianganj, Ajmer.

----Respondents/Defendants/Judgment-Debtors

For Petitioner(s) : Mr Sudesh Bansal

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

07/07/2021

Instant writ petition under Article 227 of the

Constitution of India has been filed by the petitioner-objector (for

(3 of 3) [CW-6247/2021]

short, 'the petitioner') with the prayer to set aside the order dated

01.03.2021 passed by the Executing Court in Civil Misc.

Application No. 56/2019 in Execution petition no. 8/2015, whereby

it dismissed the application filed by the petitioner under Order 21

Rule 101 readwith Section 151 CPC.

Learned Counsel for the petitioner submits that the

executing court vide its impugned order dated 1.3.2021 has

discussed the merits of the case in detail observing that after

recording the entire evidence in original suit, eviction order has

been passed against judgment debtor Nos.1 to 9 considering them

as tenant in the tenanted premises, which is prejudicial to the

petitioner's interest. He prays that the executing court be directed

to decide the execution petition independently, on the basis of

material available on record and without being influenced by its

order dated 01.03.2021.

Having regard to the submissions made by the learned

counsel for the petitioner, the executing court is directed to decide

the execution petition pending before it independently, without

being influenced in any manner, by its order dated 01.03.2021,

after considering the material available on record.

The writ petition is disposed off accordingly.

Consequent upon disposal of the writ petition, the stay

application, filed herewith, does not survive and the same also

stands diposed of.

(PRAKASH GUPTA),J

DK/13

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