Sheetal Singh vs Fateh Singh
2022 Latest Caselaw 3050 Raj

                          (1 of 2)                                     [CW-4044/2017]


       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       JODHPUR

                  S.B. Civil Writ Petition No. 4044/2017

Sheetal Singh
                                                                      ----Petitioner
                                     Versus
Fateh Singh
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Basti Chand
For Respondent(s)          :     Mr. Trilok Joshi



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

25/02/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     Vide   order     dated     19.04.2017,           this    Court    had    passed

following interim order :-


   "Mr.   Basti    Chand       Bhansali,      learned        counsel    for   the
   petitioner challenging the order impugned 22.02.2017,
   contended that the Learned Executing Court had directed
   for issuance of warrant for arrest of the petitioner, without
   following due process of law.
   His main contention is that in view of proviso attached with
   Section 151 of Code of Civil Procedure, a judgment debtor
   cannot be sent to prison, unless an opportunity of showing
   cause has been afforded to him. He contends that no such
   notice has been issued by the Executing Court to the
   petitioner.
   Matter requires consideration.
   Issue notice, returnable on 17.05.2017.
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                                                            (2 of 2)                                [CW-4044/2017]


                                      Issue notice of stay application also.
                                      In the meanwhile petitioner shall not be arrested for
                                      execution of the decree subject matter of the execution
                                      Case No. 35/2011 pending before the Additional District
                                      Judge, Raisinghnagar. "



                                         This Court after seeing the record disposes of the present

                                   stay petition while confirming the order dated 19.04.2017.

                                         List the matter after four weeks.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

67-Sudheer/-

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