Jainab vs Lrs Of Anbahulhak And Anr. ...
2024 Latest Caselaw 8876 Raj

Rajasthan High Court - Jodhpur

Jainab vs Lrs Of Anbahulhak And Anr. ... on 9 October, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:41459]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Revision Petition No. 60/2015

Jainab
                                                                      ----Petitioner
                                      Versus
Lrs Of Anbahulhak And Anr.
                                                                    ----Respondent


For Petitioner(s)           :     Mr. CS Kotwani
For Respondent(s)           :     Mr. GR Goyal



            HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

09/10/2024

The present revision petition has been filed under Section

115 of CPC against the judgment and decree dated 10.02.2015

passed by learned District and Sessions Judge, Bikaner in

Execution Case No.09/2008 by which the application under Order

21 Rule 11 CPC has been dismissed.

Learned counsel for the petitioner submit that a compromise

decree has been arrived at between the parties on 02.09.1989

and in that compromise decree, Clause No.6 specifically

mentioned that after obtaining a proper mutation entry, the sale

deed shall be executed within a period of two months. The

mutation of the land was entered on 20.12.2008 and after that,

the execution proceeding was filed by the petitioner in the year

2008 itself. But, the trial court rejected the application filed by the

petitioner stating that the application is time barred. Counsel

submits that when the mutation has been obtained in the year

2008 and thereafter execution application has been filed in the

[2024:RJ-JD:41459] (2 of 2) [CR-60/2015]

same year i.e. 2008, so the application was well within limitation.

He further submits that the other defendant-respondents and

decree holders have already got the registry in favour of the

plaintiff, but only respondent No.1/2 Jainab @ Modi D/o

Anbahulhak did not execute the registry in favour of the petitioner

plaintiff. So, the respondent No.1/2 may be directed to execute

the order passed by the trial court dated 02.09.1989.

After service of notice upon respondent-defendant No.1/2,

no one puts-in-appearance on her behalf.

Since, the decree has been passed on 02.09.1989 after

compromise between the parties and mutation of the land has

been got done on 20.12.2008 and after that application of the

execution has been made by the plaintiff petitioner, so, the

application submitted by the petitioner plaintiff was within

limitation.

In these circumstances, impugned order dated 10.02.2015

passed by learned District and Sessions Judge, Bikaner is hereby

set-aside and the respondent-defendant No.1/2 Jainab @ Modi D/o

Anbahulhak is directed to comply with the judgment and decree

dated 02.09.1989 passed by the trial court.

Revision petition is decided accordingly.

Stay application and pending applications, if any, also stand

decided.

(MANOJ KUMAR GARG),J 19-GKaviya/-

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