SATTAR KHAN S/O LATE ABDUL WAHEED KHAN v. MOHAMMED IBRAHIM S/O LATE SHRI ABDUL WAHEED KHAN
CW/10492/2025 · 2025-08-04
Ganesh Ram Meena
body2025
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[ 2025 DAILYLAW 23474 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 23474 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:29785] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10492/2025 Sattar Khan S/o Late Abdul Waheed Khan, R/o J-168, Fatehtiba, Tangewalo Ki Gali, Adarsh Nagar, Jaipur. ----Petitioner/Defendant Versus
1. Mohammed Ibrahim S/o Late Shri Abdul Waheed Khan, R/o J-168, Fatehtiba, Tangewalo Ki Gali, Adarsh Nagar, Jaipur (Since Deceased) Through Legal Representatives- 1/1 Ismail, S/o Late Shri Mohammed Ibrahim 1/2 Ahmed, S/o Late Shri Mohammed Ibrahim 1/3 Raees, S/o Late Shri Mohammed Ibrahim 1/4 Rafeek, S/o Late Shri Mohammed Ibrahim 1/5 Shafeek, S/o Late Shri Mohammed Ibrahim 1/6 Naseem @ Balla, D/o Late Shri Mohammed Ibrahim 1/7 Bano, D/o Late Shri Mohammed Ibrahim 1/8 Shanno, S/o Late Shri Mohammed Ibrahim 1/9 Kamar Jahan D/o Late Shri Mohammed Ibrahim All R/o J-168, Fateh Tiba, Tange Wale Ki Gali, Adarsh Nagar, Jaipur. ----Respondent-Plaintiff
2. Shakoor Khan S/o Late Abdul Waheed Khan (Since Deceased), Through Legal Representatives- 2/1 Smt. Bibbo, W/o Late Shri Shakoor Khan 2/2 Shakeel, S/o Late Shri Shakoor Khan 2/3 Vakeel, S/o Late Shri Shakoor Khan 2/4 Akeel, S/o Late Shri Shakoor Khan 2/5 Jameel, S/o Late Shri Shakoor Khan 2/6 Irshad @ Kallu, S/o Late Shri Shakoor Khan 2/7 Waseem @ Shabbu, S/o Late Shri Shakoor Khan 2/8 Mumtaz, D/o Late Shri Shakoor Khan 2/9 Shehnaz D/o Late Shri Shakoor Khan All R/o J-168, Fatehtiba, Tange Walo Ki Gali, Adarsh Nagar, Jaipur. 3 Smt. Shahjahan W/o Shri Abdul Azeez Khan D/o Late Shri
[2025:RJ-JP:29785] (2 of 3) [CW-10492/2025] Abdul Waheed Khan, R/o Char Darwaza, Khandar Ka Rasta Chowkdi Gangapole, Jaipur (Since Deceased) Through Legal Representatives- 3/1 Abdul Azeez, S/o Ahmed Khan, Aged About 63 Years 3/2 Shabnam, S/o Late Shri Abdul Azeez, Aged About 40 Years 3/3 Mohammed Idrees, S/o Late Shri Abdul Azeez, Aged About 36 Years 3/4 Mohammed Usman, S/o Late Shri Abdul Azeez, Aged About 34 Years 3/5 Mohammed Nasir, S/o Late Shri Abdul Azeez, Aged About 32 Years 3/6 Salej, S/o Late Shri Abdul Azeez, Aged About 29 Years 3/7 Abdul Lateef S/o Late Shri Abdul Azeez, Aged About 27 Years All R/o House No. 301, Mohalla Tikkigaran, Baas Badanpura, Jaipur, Rajasthan. ----Respondents-Defendants For Petitioner(s) : Mr. Sehban Naqvi with Ms. Rabiya Mateen HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 04/08/2025 This writ petition has been filed by the petitioner with the prayer to issue directions to the learned Additional District & Sessions Judge No.2 Jaipur Metropolitan-I to expeditiously decide the Execution Application No.78/2005 titled “Mohammed Ibrahim Vs. Shakoor Khan & Ors.” filed in Original Suit No.57/1998 within one month from the date of order. It has come out that the plaintiff/respondent has filed a suit for partition as well as permanent injunction which was decreed
[2025:RJ-JP:29785] (3 of 3) [CW-10492/2025] vide judgment and decree dated 21.05.2003. Against the said
judgment and decree, a Civil First Appeal No.472/2003 was also dismissed on 15.12.2021 by the Co-ordinate Bench of this Court. The execution application is pending since 2005. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that the execution application is pending since 2005 and the first appeal against the said judgment and decree has also been dismissed vide order dated 15.12.2021, this Court feels that it would be in the interest of justice to direct the learned Court below to decide the execution application expeditiously. Accordingly, the present writ petition is disposed of with a direction to the learned Court below to decide the Execution Application No.78/2005 expeditiously and preferably within a period of six months from the date of submitting the certified copy of this order. Pending application, if any, also stands disposed of.
(GANESH RAM MEENA),J Ashish Kumar /40