Rajasthan High Court
Ganeshilal Son Of Late Ghasi Lal vs Rajendra Singh Son Of Dayasingh Ji ... on 10 October, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10155/2022
Ganeshilal Son Of Late Ghasi Lal, Resident Of Raipura Chouraha,
Kaithoon Road, Tehsil Ladpura, District Kota (Raj.)
----Decree Debtor/Petitioner
Versus
1. Rajendra Singh Son Of Dayasingh Ji Chawla, Resident Of
Gumanpura Kota
Decree Holder
2. Ghasilal S/o Manna Lal (Deceased), Th. Lr.s-
2/1. Smt. Kailashi Bai, Wife Of Late Ghasi Lal
2/2. Bheru Lal, Son Of Late Ghasi Lal
2/3. Omprakash, Son Of Late Ghasi Lal
2/4. Surendra Alias Pappu, Son Of Late Ghasi Lal
2/5. Ishwarlal, Son Of Late Ghasi Lal
2/6. Kamlabai, Daughter Of Late Ghasi Lal
2/7. Rampatibai, Daughter Of Late Ghasi Lal
2/8. Sugnabai, Daughter Of Late Ghasi Lal
2/9. Rekhabai, Daughter Of Late Ghasi Lal
2/10 Chamelibai Daughter Of Late Ghasi Lal, No.2/1 To 2/10
. All Resident Of Raipura Chouraha Kaithoon Road Tehsil
Ladpura District Kota Raj
----Performa Decree Debtor/Respondents
For Petitioner(s) : Mr. Sudarshan Kumar Laddha
For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
10/10/2022
This writ petition under Article 227 of the Constitution of
India is directed against the order dated 27.05.2022 passed by
the learned Senior Civil Judge No.6, Kota in Case No.4/2019
(2 of 3) [CW-10155/2022]
whereby, an application filed by the petitioner/judgment debtor
seeking leave of the Court to place on record certain documents,
has been dismissed.
The relevant facts in brief are that a civil suit filed by the
respondent No.1/decree holder for permanent injunction against
the petitioner and the predecessor-in-interest of the respondents
No.2/1 to 2/10 came to be decreed by the learned Civil Judge
(Junior Division) No.1, (South), Kota vide its judgment dated
16.01.2001. In the execution petition filed therein by the
respondent No.1, the petitioner, who has filed objections under
Section 47 CPC, moved an application seeking leave of the Court
to place on record a copy of the sale deed dated 25.08.1982 as
also a copy of the statement of respondent No.1 as PW-1, which
has been dismissed by the learned Executing court vide its order
dated 27.05.2022, impugned herein.
Assailing the order, learned counsel for the petitioner
submitted that the learned Executing Court erred in rejecting his
application inasmuch as the documents sought to be placed on
record were certified copies and were necessary for just and
effective disposal of the objections filed by him under Section 47
CPC. He submits that although, the documents were part of the
civil suit; but, they are not available on record. He, therefore,
prays that this writ petition be allowed, the order dated
27.05.2022 be quashed and set aside and the application filed by
him be allowed.
Heard. Considered.
While dismissing the application, the learned Executing Court
has recorded a categorical finding that the judgment and decree
dated 16.01.2001 have been passed by the learned trial Court
(3 of 3) [CW-10155/2022]
relying upon the statement of the respondent/plaintiff as PW-1 as
also certified copy of the sale deed dated 25.08.1982 which are
part of the record. It has been observed that in view thereof, it
was apparent that the petitioner/judgment debtor has moved the
application not bonafidely; but, to delay the execution proceeding
only.
After hearing the learned counsel for the petitioner and
scanning the material available on record, this Court concurs with
the findings recorded by the learned Executing Court. The
judgment and decree dated 16.01.2001 are based on the
statement of respondent-plaintiff as PW-1 as also the certified
copy of the sale deed dated 25.08.1982. This Court does not find
the order dated 27.05.2022 to be suffering from any perversity or
patent jurisdictional error so as to warrant interference of this
Court under its limited supervisory jurisdiction vide Article 227 of
the Constitution of India.
Resultantly, the writ petition is dismissed being devoid of
merit. However, in view of life of the execution petition, the
learned Executing Court is directed to expedite hearing and
disposal of the execution petition as early as possible.
(MAHENDAR KUMAR GOYAL),J
Manish/127
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