Banwari Lal S/O Shri Rameshwer Lal vs Shivdayal Adioted S/O Shri Kaluram ...
2024 Latest Caselaw 177 Raj/2

Rajasthan High Court

Banwari Lal S/O Shri Rameshwer Lal vs Shivdayal Adioted S/O Shri Kaluram ... on 11 January, 2024

Author: Ashok Kumar Jain

Bench: Ashok Kumar Jain

[2024:RJ-JP:2066]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Revision Petition No. 147/2023

Banwari      Lal    S/o Shri      Rameshwer Lal, R/o Kailash Tehsil
Dantaramgarh District-Sikar, Rajasthan.
                                                                     ----Petitioner
                                      Versus
Shivdayal      Adioted     S/o     Shri      Kaluram,        R/o   Kailash   Tehsil
Dantaramgarh District-Sikar, Rajasthan.
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Abhi Goyal
For Respondent(s)           :



           HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

                                       Order

11/01/2024

      Heard learned counsel for petitioner.

Learned counsel for petitioner submits that after judgment

and decree in second appeal by this Hon'ble Court, an execution

proceeding was filed by decree holder before the trial court,

wherein despite noticing the fact the suit property was transferred

and alienated by the judgment debtor, in breach of injunction

order, the objections were not considered by the Executing Court.

The contention of learned counsel for petitioner is that the

decree cannot be executed against him as property already been

transferred, and without impleading subsequent purchase, the

warrant of dispossession cannot be issued against the appellant.

A perusal of impugned order indicated that learned trial court

has considered the provision of Section 52 of the Transfer of

[2024:RJ-JP:2066] (2 of 2) [CR-147/2023]

Property Act, before dismissing the objections of

appellant/judgment debtor.

A perusal of admitted facts indicated that the execution

proceedings were filed after litigation upto stage of Civil Second

Appeal before this Court. The principle of lis pendens indicate that

all alienation or transfer of suit property during pendency of

litigation is subject to outcome of the litigation. Herein, I am of

the considered view that at no cost second round of litigation

cannot be permitted to any individual.

Herein, after loosing the cause in second appeal, the

judgment debtor has no right to object the execution of decree,

therefore, the revision petition is devoid of merits and is liable to

be dismissed.

Hence, the present revision petition is dismissed.

Misc. application, if any, stands disposed of.

(ASHOK KUMAR JAIN),J

CHETNA BEHRANI /184

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