Bhagchand Soni vs Omprakash (2025:Rj-Jd:2955)
2025 Latest Caselaw 4704 Raj

Rajasthan High Court - Jodhpur

Bhagchand Soni vs Omprakash (2025:Rj-Jd:2955) on 16 January, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:2955]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 20219/2024

Bhagchand Soni son of Govind Soni, aged about 38 years,
resident of Charbhuja Jewellers, Sadar Bazaar, Kotri, Tehsil Kotri,
District Bhilwara.
                                                                          ----Petitioner
                                         Versus
Omprakash son of Durgalal Sharma, resident of Kotri, Tehsil
Kotri, District Bhilwara, At Present House No.E-544, Shivaji
Marg, Kotri, Tehsil Kotri, District Bhilwara.
                                                                        ----Respondent


For Petitioner(s)              :     Mr. Nikhil Ajmera


               HON'BLE DR. JUSTICE NUPUR BHATI

Order 16/01/2025

1. Learned counsel for the petitioner submits that the learned

trial court vide ex parte judgment and decree dated 28.09.2022,

decreed the suit in favour of the respondents. He further submits

that as soon as the petitioner received the information that an ex

parte decree has been passed, an application was filed under

Order XXXVII Rule 4 of Civil Procedure Code on 30.03.2021. He

also submits that the respondents have initiated the execution

proceedings on 22.08.2024 and the petitioner received the notice

regarding the execution proceedings been initiated against him, on

11.12.2024. He, thus, submits that the application dated

30.03.2021 preferred by the petitioner shall become redundant if

the execution proceedings are initiated against the petitioner. He

further submits that the learned trial court may be directed to

decide the pending application of the petitioner in an expeditious

manner.

[2025:RJ-JD:2955] (2 of 2) [CW-20219/2024]

2. In this view of the matter, this Court deems it appropriate to

direct the learned trial court to decide the application dated

30.03.2021 preferred by the petitioner under Order XXXVII Rule 4

of the Civil Procedure Code, expeditiously, preferably within a

period of 'three month' from the date of receipt of certified copy of

this order and in the interest of justice, till such time, the

execution proceedings in relation to the Execution Case

No.59/2024 (Annexure-5) titled 'Omprakash v. Bhagchand Soni',

shall remain stayed.

3. With the aforesaid direction, the instant writ petition stands

disposed of. Stay application as well as all other pending

applications, if any, also stand disposed of.

(DR. NUPUR BHATI),J

41-/Devesh/-

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