[2025:RJ-JP:27975] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 54/2023 Om Prakash Soni Son Of Shri Ram Gopal Soni, Resident Of Plot No. 15, Shastri Colony, Narainpur Road, Bansoor, District Alwar. ----Petitioner Versus Dr. Radhey Shyam Cheepi Son Of Shri Umravmal Cheepi, Resident Of Plot No. 16, Shastri Colony, Bansoor District Alwar. ----Respondent For Petitioner(s) : Mr. M. M. Ranjan, Senior Counsel with Mr. Lokesh Tiwari, Adv. For Respondent(s) : Mr. Rahul Tiwari, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 25/07/2025 This Civil Revision Petition has been filed by the petitioner- decree holder (for short ‘the decree-holder’) against the order dated 16.02.2023 passed by Civil Judge and Judicial Magistrate, Bansoor, District Alwar (for short ‘the executing court’) in Execution Case No.06/2007, whereby the execution petition filed by the decree holder has been dismissed. Learned Senior Counsel for the decree-holder submits that decree holder filed execution petition against the respondent- judgment debtor (for short ‘the judgment-debtor’) in which various orders were passed by the executing court. When the judgment-debtor had not removed the encroachment, so, order for police assistance was passed and decree-holder was directed to deposit Rs.80,190/- but the decree-holder is not in position to bear the said expenses. Nazir as well as other authorities also [2025:RJ-JP:27975] (2 of 2) [CR-54/2023] complained about the conduct of the decree-holder. Learned Senior Counsel for the decree-holder also submits that executing court had committed error in dismissing the execution petition merely on conduct of the decree-holder. Learned Senior Counsel for the decree-holder also submits that decree-holder would deposit the estimated amount for police assistance and always co-operated the authorities during execution proceedings. So, order dated 16.02.2023 passed by the executing court be set aside and matter be remanded back to the executing court for fresh adjudication. Learned counsel for the judgment-debtor has opposed the same. I have considered the arguments advanced by learned Senior Counsel for the decree-holder as well as learned counsel for the judgment-debtor and perused the impugned order. In the interest of justice, I deem it fit to set aside the order dated 16.02.2023 passed by the executing court with a direction to the executing court to decide the execution petition filed by the decree-holder afresh after hearing both the parties, in accordance with law. Both the parties are directed to appear before the executing court on 11.08.2025. The present civil revision petition stands disposed of accordingly. (NARENDRA SINGH DHADDHA),J Jatin /73