Citation : 2022 Latest Caselaw 9770 Raj
Judgement Date : 26 July, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5279/2022
1. Seth Jugaldas Ganeriwala Charitable Trust Kolkata, Through Managing Trustee Hanuman Parshad Son Of Late Shri Rameshwar Das, By Caste Ganeriwala, Aged About 83 Years, Resident Of 16, Sriram Road, Ground Floor, Civil Lines Post Delhi 54.
2. Hanuman Parshad S/o Late Shri Rameshwar Das, Aged About 83 Years, By Caste Ganeriwala, Resident Of 16, Sriram Road, Ground Floor, Civil Lines Post Delhi 54.
----Petitioners Versus
1. Shri Ram Pathya Granthagar Samiti, Registered Society No. 17/86, Near Ashok Sthamb, Post Ratangarh, District Churu Through Secretary Ambika Prasad, By Caste Sharma, Resident Of Near Ashok Sthamb, Station Road, House Opposite Bhuwalka Kothi, Post Ratangarh, District Churu.
2. Raghunandan S/o Shri Sita Ram, By Caste Dhard, Resident Of Ratangarh, District Churu Address Shop In Dhardo Ki Bagechi, Opposite Bal Niketan School, Station Road, Post Ratangarh, District Churu.
----Respondents For Petitioner(s) : Mr. G.R. Goyal
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
26/07/2022
1. The petitioners have approached this Court with the grievance
that though the petitioners have filed an execution petition way
back in the year 2015, they have not received the fruits of the
decree.
2. Without making any observation about the petitioners'
entitlement or right flowing from the decree, the present writ
(2 of 2) [CW-5279/2022]
petition is disposed of with the direction to the petitioner to file an
application before the Executing Court within a period of two
weeks from today along with certified copy of the order instant
and a photo-stat copy of the judgment and decree and judgment
of Hon'ble Supreme Court rendered in the case of Rahul S. Shah
Vs. Jinendra Kumar Gandhi & Ors. reported in AIR 2021 SC
2161.
3. In case such an application is filed, the Executing Court shall do
the needful in accordance with law as early as possible preferably
within a period of eight weeks from the date of receipt of the copy
of this order.
4. It is made clear that aforesaid direction to decide the
application has been issued only with a view to ensure expeditious
redressal of petitioners' grievance. The same may not be
construed to be an order to decide the application in a particular
manner.
(VINIT KUMAR MATHUR),J
341-payal/-
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