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2025 DAILYLAW 21871 (RAJ)

RAJENDRA PRASAD S/O BAIJURAM v. NARAYAN RAM S/O VILAS RAM

CR/208/2024 · 2025-01-10

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:1696] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 208/2024 Rajendra Prasad S/o Baijuram, R/o Khetri, District Jhunjhun, Rajasthan ----Petitioner Versus 1. Narayan Ram S/o Vilas Ram, R/o Khetri, District Jhunjhun, Rajasthan 2. Nagar Palika Khetri, Through Adhishashi Adhikari, Nagar Palika Khetri, Rajasthan 3. President, Nagar Palika Khetri, District Jhunjhunu, Rajasthan ----Respondents For Petitioner(s) : Mr. Pawan Sharma for Mr. Ravi Shanker Sharma For Respondent(s) : Mr. Nikhil Saini HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/01/2025 1. Aggrieved from order dated 16.05.2024 in execution no.2/2022 passed by learned Civil Judge, Khetri, District Jhunjhunu, instant revision petition is preferred by petitioner- defendant no.1 who is also a judgment-debtor. 2. In order to execute judgment and decree passed by learned Civil Judge, Khetri on 22.09.2012 in civil suit no.86/2007 and further modified on 02.08.2019 in civil regular appeal no.13/2012 by learned Additional District Judge, Khetri, an execution petition was filed by decree holder and after considering the objections filed by judgment-debtor, learned Civil Judge has directed [2025:RJ-JP:1696] (2 of 2) [CR-208/2024] execution of decree after dismissing the objection filed by present petitioner. 3. It is also submitted by the counsels for the parties that the judgment and decree dated 22.09.2012, as modified in civil regular appeal no.13/2012, has attained finality and no civil second appeal was preferred by present petitioner-defendant. 4. Instant revision petition is also filed against dead person Narayan Ram (decree holder) and an application is filed by legal heirs of Narayan Ram disclosing this fact with names of legal heirs. No application is moved for amendment in revision petition. The legal heirs were already on record before the trial court. Since, the petition is filed against dead person, therefore, it is not maintainable. 5. Similarly, learned counsel appearing for legal heirs for respondents also referred order dated 22.07.2024, wherein learned Civil Judge has noticed that decree has been executed and satisfied. There was a decree of mandatory injunction and same has been satisfied. This statement is made by the counsel for decree holder. 6. In view of aforesaid, the revision petition itself rendered infructuous and liable to be dismissed. 7. Considered aforesaid, the revision petition is hereby dismissed. 8. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J Arun/94