Rajasthan High Court - Jodhpur
Smt. Savita Nanda vs Amit Kumar Gandhi (2025:Rj-Jd:40646) on 11 September, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:40646]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17067/2025
Smt. Savita Nanda W/o Lt. Shri Rajesh Nanda, Aged About 67
Years, Resident Of Quarter No. 5, Dammani Quarters, Rani
Bazar, Bikaner (Raj.).
----Petitioner
Versus
Amit Kumar Gandhi S/o Shri Lal Gandhi, Resident Of Transport
Street, Gangashahar Road, Bikaner (Raj.).
----Respondent
For Petitioner(s) : Mr. Prashant Tatia
For Respondent(s) : Dr. Milap Chopra
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
11/09/2025
By way of filing the instant writ petition under Articles 226
and 227 of the Constitution of India, the petitioner has prayed for
the following reliefs:-
"It is, therefore, most respectfully prayed that the
present writ petition filed by the petitioner may kindly be
allowed with cost and by an appropriate order, writ or
direction, the impugned order dated 13.08.2025 passed by
Learned Rent Tribunal, Bikaner (Annex-1) in execution case
no. 08/2023 may kindly be set aside and execution
application filed by respondent may kindly be rejected
interest of justice.
Any other order or direction, which this Hon'ble court deem
just fit and proper be passed in favour of the petitioner."
2. Learned counsel for the petitioner submitted that the
respondent- landlord filed an eviction suit against the petitioner's
husband. The learned Rent Tribunal after hearing both the parties,
and vide order dated 23.12.2021 allowed the eviction application
and directed the petitioner to handover the vacant possession of
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premises in question to the landlord. The appeal preferred by the
petitioner against the order of learned Rent Tribunal, Bikaner
before the Appellate Tribunal, Bikaner came to be dismissed vide
order dated 17.04.2025. Learned counsel submitted that
subsequently the landlord filed execution case no.8/2023 for
securing possession of the property in question. During pendency
of the execution petition, the petitioner raised an objection that
the premises in question is ad measuring 8.54 square feet
whereas the landlord has purchased around 255 square feet on
the road side and 140.3 square feet on the back side of the
property which is not legally valid and, therefore, unless the
aforesaid dispute is decided, the execution Court should not
provide possession of the property to the landlord. Learned
counsel submitted that the application filed under Section 47 of
C.P.C. by the petitioner came to be dismissed by the Executing
Court in a cryptic manner vide order dated 13.08.2025 without
determining the area of the property in question. He submitted
that since the order of the Executing Court is not made in
consonance with the scope of the provisions of Section 47 of
C.P.C. the same deserves to be quashed and set aside by this
Court.
3. Heard learned counsel for the parties at Bar. Perused the
material available on record.
4. In the present case, eviction decree has been passed against
the petitioner the learned Rent Tribunal, Bikaner vide order dated
23.12.2021. Thereafter, the Rent Tribunal Tribunal, Bikaner vide
order dated 17.04.2025 has upheld the judgment and decree
dated 23.12.2021. It is settled law that the Executing Court
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cannot go behind the decree to correct the errors, if any, until and
unless the decree is a nullity and, therefore, the Executing Court
has to execute the decree as it stands.
5. In that view of the matter this Court finds no error in the
impugned order dated 13.08.2025 passed by Learned Rent
Tribunal, Bikaner (Annex-1) in execution case no. 08/2023.
6. Consequently, the present writ petition is dismissed.
7. All pending applications, if any also stand dismissed.
(KULDEEP MATHUR),J
205-Himanshu/-
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