Brijraj Singh Son Of Sh. Lalta ... vs Managing Committee ...
2023 Latest Caselaw 1628 Raj/2

[2023/RJJP/001832]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 2311/2023

Brijraj Singh Son Of Sh. Lalta Prasad, Aged About 72 Years,
Resident Of Plot No. 84, Chritkoot Bhawan, Bhagirath Nagar,
Arjun Nagar Fatak Ke Pass, Jaipur Rajasthan.
                                                                       ----Petitioner
                                     Versus
1.       Managing     Committee,          M.c.     Sindhi         Panchayat   Senior
         Secondary School, Through Its Secretary, New Colony,
         M.i. Road, Jaipur.
2.       Managing     Committee,          M.c.     Sindhi         Panchayat   Senior
         Secondary School, New Colony, M.i. Road, Jaipur.
3.       Director / Commissioner, Secondary Education, Bikaner,
         Rajasthan.
                                                                    ----Respondents

For Petitioner(s) : Mr. Sandeep Bhagwati For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/02/2023

1. Petitioner has filed the instant writ petition seeking directions

to expedite the execution proceeding of the judgment dated

09.08.2018 passed by the Rajasthan Non-Government Educational

Institution Tribunal (hereinafter "the Tribunal"), Jaipur in his

application No.142/2014.

2. Counsel for petitioner submits that the application filed by

petitioner was allowed by the Tribunal vide judgment dated

09.08.2018 in terms of judgment of Division Bench of Rajasthan

High Court in case of State of Rajasthan Vs. The Management

Committee Sh. Bhagwan Das Todi College [(2016) 2 WLC

[2023/RJJP/001832] (2 of 2) [CW-2311/2023]

1]. The judgment dated 09.08.2018 attained finality. Thereafter,

since the judgment was not complied with, petitioner submitted

execution application before the Civil Court on 26.10.2018 and in

the execution application, respondent-Management has put in

appearance on 15.12.2021 through advocate. Thereafter, no

effective proceedings have been commenced in the execution

application and the same is still pending.

3. Having considered the aforesaid factual aspect and in view of

the fact that the judgment dated 09.08.2018 passed by the

Tribunal has attained finality, this Court deems it just and proper

to direct the Executing Court to expedite the execution

proceedings of this judgment and make an endeavor to decide the

execution proceedings within a period of twelve months from

receipt of certified copy of this order, if possible, and no

unwarranted adjournment without any just cause be accorded. It

is expected that both parties will cooperate with the Executing

Court to decide the execution proceedings accordingly.

4. With the aforesaid observations, the instant writ petition is

disposed of.

5. Stay application and pending application(s), if any, stand

disposed of.

(SUDESH BANSAL),J

SACHIN/2

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