Umrao Mal Jain S/O Late Shri Ratan ... vs Smt. Vimla Devi Jain W/O Shri N.K. ...
2022 Latest Caselaw 4402 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 8137/2022

Umrao Mal Jain S/o Late Shri Ratan Lal Ji Bumb
                                                                         ----Petitioner
                                         Versus
Smt. Vimla Devi Jain & Ors.
                                                                      ----Respondents

For Petitioner(s)              :     Mr. Aladeen Khan
For Respondent(s)              :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

01/07/2022

For the reasons stated in the application (1/2022) filed by

the petitioner for taking legal representatives of deceased

respondents No. 2 & 6 on record, the same is allowed. The legal

representatives of deceased respondents No. 2 & 6 are taken on

record.

For the reasons stated in the application (2/2022) seeking

permission of this Court to file this writ petition, the same is

allowed. The petitioner is permitted to file this writ petition.

In view of the urgency expressed by the learned counsel for

the petitioner, the writ petition is heard on its merit at this stage.

Learned counsel for the petitioner submits that in execution

of the decree dated 29.07.1985 passed by the learned Munsif

Magistrate, Tonk in Civil Suit No.135/1985 filed by the respondent

No.1/decree holder against the respondents No. 2 to 7/ judgment

debtors decided on the basis of a compromise between them, his

immovable property comprising of a "Bhojanshala" is sought to

being demolished. He submits that he was neither a party in the

(2 of 2) [CW-8137/2022]

suit nor, his property was subject matter of dispute and without

deciding his objection raised in the execution petition, the learned

Executing Court has issued directions for demolishing the

aforesaid building.

Issue notice confined to the respondent No.1 of the writ

petition as well as of stay application. Rule is made returnable by

five weeks. Notices be filed in two sets. One set of notices be sent

through registered post with acknowledgment due. Notice may

also be given "dasti". Steps to be taken within a week.

Taking into consideration the contentions advanced by the

learned counsel for the petitioner and the material on record, this

Court deems it just and proper to direct that in pursuance of

execution of the decree dated 29.07.1985, building of the

petitioner, i.e., "Bhojanshala" shall not be demolished, till further

orders.

(MAHENDAR KUMAR GOYAL),J

Ashu/05

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