Smt. Sheela Tulsayani W/O Durga ... vs Major Hemant Singh Jamwal S/O ...
2022 Latest Caselaw 7441 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 2743/2020

Smt. Sheela Tulsayani W/o Durga Tulsayani, Aged About 64
Years, R/o House No. L12 Sagar Vihar Colony, Vaishali Nagar,
Ajmer.
                                                                     ----Petitioner
                                     Versus
1.       Major Hemant Singh Jamwal S/o Abhay Singh, R/o 104
         LIC Colony, Vaishali Nagar, Ajmer.
2.       Mrs. Gopi W/o Chandan Puri, R/o 3K-34, Ajay Nagar,
         Ajmer.
                                                                  ----Respondents

For Petitioner(s) : Ms. Aradhan Swami, Adv. on behalf of Mr. Manu Bhargava, Adv.

For Respondent(s)           :    Mr. O. P. Mishra, Adv.
                                 Mr. Ajay Verma, Adv. &
                                 Mr. Shubham Sharma, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

ORDER RESERVED ON :: 21.11.2022

ORDER PRONOUNCED ON :: 23.11.2022

This Civil Writ Petition has been filed by the petitioner under

Article 227 of the Constitution of India against the order dated

15.01.2020 passed by Additional District Judge No.4, Ajmer in

Execution Petition CIS No.821/2014(39/16) whereby the

Executing Court dismissed the application filed by the petitioner

under Section 28 of Specific Relief Act.

Learned counsel for the petitioner submits that respondent

No.1 had filed the suit for specific performance against the

petitioner and respondent No.2. The said suit was decreed by the

(2 of 3) [CW-2743/2020]

trial court vide order dated 30.01.2010. Execution filed by the

respondent No.1 against the petitioner in which petitioner had

filed an application under Section 28 of Specific Relief Act, 1963.

Learned counsel for the petitioner also submits that respondent

No.1 had not complied with the decree dated 30.01.2010 and he

had not made the payment of Rs.3 lacs to the petitioner. So, the

said decree is not executable but trial court wrongly dismissed the

application filed by the petitioner. Learned counsel for the

petitioner also submits that as per decree, respondent No.1 had to

pay Rs.3 lacs upto 1st April, 2010 and he had paid the said money

on 26.11.2019. So, order of the trial court be set aside.

Learned counsel for the petitioner has placed reliance upon

the judgment of Hon'ble Apex Court in Chanda Vs. Rattni

reported in 2007 Lawsuit (SC) 353 decided on 23.03.2007.

Learned counsel for the respondent has opposed the

arguments advanced by learned counsel for the petitioner and

submitted that present petition filed by the petitioner is

misconceived. Previously, he had filed the application regarding

same objection and the said objection was dismissed by the trial

court vide order dated 03.05.2017. Petitioner had not challenged

the said order. So, order of the trial court dated 03.05.2017

attained the finality. He further submitted that respondent No.1

had filed the execution petition on 07.08.2012 in which notices

were issued to the petitioner and petitioner had filed the objection

in said petition. The said objection was finally decided on

01.11.2019. After that, petitioner had submitted the said amount

as per the decree. So, trial court rightly rejected the application

filed by the petitioner. So, petition be dismissed.

(3 of 3) [CW-2743/2020]

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned counsel for the

respondent.

It is an admitted position that suit was decreed against the

petitioner. As per decree, petitioner had to comply the order of the

trial court within two months. Respondent No.1 had filed an

execution petition before the trial court in which petitioner had

filed the objections several times. On the same facts, petitioner

had filed an application before the trial court and trial court had

dismissed the application filed by the petitioner vide order dated

03.05.2017. Petitioner had not challenged the said order. So,

order of the trial court dated 03.05.2017 had attained the finality.

Trial court decided the objection on 01.11.2019. After that,

petitioner had filed the performa of the sale deed on 26.11.2019.

In my considered opinion, trial court rightly dismissed the

application filed by the petitioner. So, present petition is being

devoid of merits and liable to be dismissed.

Therefore, the Civil Writ Petition stands dismissed.

All the pending applications also stand disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /75

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