Rajasthan High Court
Tulsiram Son Of Shri Ghasi Lal ... vs Nandlal Verma Son Of Late Shri ... on 31 October, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13342/2022
Tulsiram Son Of Shri Ghasi Lal Verma, Aged About 67 Years,
Resident Of 64, Laxmi Nagar, Hatwada Road, Jaipur (Raj.).
----Defendant No.2-Applicant-Petitioner
Versus
1. Nandlal Verma Son Of Late Shri Ghasi Lal Verma,
Resident Of 64, Laxmi Nagar, Hatwada Road, Jaipur
(Raj.).
Respondent/Plaintiff
2. Rameshwar Lal Son Of Late Shri Ghasi Lal Verma,
Resident Of 64, Laxmi Nagar, Hatwada Road, Jaipur
(Raj.).
3. Shankarlal Son Of Late Shri Ghasi Lal Verma, Resident Of
64, Laxmi Nagar, Hatwada Road, Jaipur (Raj.).
----Proforma-Respondent/Defendant
For Petitioner(s) : Petitioner present in person
For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
31/10/2022
For the reasons stated in the application No.1/2022 filed by
the petitioner for taking additional documents on record, the same
is allowed. Additional documents appended with the application
are taken on record.
This writ petition is directed against the order dated
31.08.2022 passed by the Court of learned Additional District
Judge No.7, Jaipur Metropolitan-I, Jaipur whereby, applications
filed by the petitioner/defendant No.2 raising objections to the
(2 of 3) [CW-13342/2022]
Site Commissioner Report dated 28.04.2022 and appointment of a
fresh Site Commissioner, have been dismissed.
The relevant facts in brief are that a preliminary decree of
partition dated 26.05.2011 came to be passed in the suit filed by
the respondent No.1/plaintiff against the petitioner and the
respondent No.2 & 3. For preparation of final decree, the learned
Executing Court vide its order dated 15.03.2022 appointed an
Advocate as Court Commissioner to submit his report which, he
submitted on 26.04.2022 along with detailed report of the
architect and valuer with four suggestions for the proposed
partition. Objections raised thereagainst by the petitioner and
seeking appointment of another Commissioner has been dismissed
by the learned Executing Court vide its order dated 31.08.2022,
impugned herein.
The petitioner in person submitted that the order impugned
is illegal as the final decree of partition passed by the learned
Executing Court may result into demolition of his house. He
submits that though, he did not cause any delay in execution
proceedings still, a cost of ₹2,000/- was imposed upon him which
he has already deposited. He submits that after passing of the
order dated 31.08.2022, the learned Executing Court has passed
the final decree on 21.09.2022, which is bad in law. He, therefore,
prays that the writ petition be allowed, the order dated
31.08.2022 be quashed and set aside and the applications filed by
him be allowed.
Heard. Considered.
The learned Executing Court has assigned cogent reasons
while dismissing the applications filed by the petitioner. It has
been observed therein that the Commissioner appointed by it vide
(3 of 3) [CW-13342/2022]
order dated 15.03.2022, has submitted report dated 26.04.2022
accompanied with a detailed report by the architect and valuer
wherein, four proposals have been suggested for preparation of
the final decree. No objection has been raised by the petitioner
during the course of arguments against the report except that the
portion falling in his share as per the final decree dated
21.09.2022, may collapse on its own on account of faulty
construction by the other parties. Since, the petitioner did not
point out any defect or illegality in the commissioner report dated
26.04.2022, this Court does not find any justification for
interfering with the order dated 31.08.2022 passed by the learned
Executing Court. Similarly, the learned Court has rightly imposed
cost on the petitioner for causing delay. Even otherwise also, in
view of the judgment and final decree dated 21.09.2022 already
having been passed, nothing survives for consideration by this
Court in the instant writ petition inasmuch as the petitioner is
always at liberty to assail the judgment and final decree by way of
an appropriate remedy.
The writ petition is dismissed accordingly being devoid of
merit.
The order was explained to the petitioner in person in simple
Hindi.
(MAHENDAR KUMAR GOYAL),J
Manish/38
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