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2025 DAILYLAW 23981 (RAJ)

SATYA PRAKASH S/O LATE GAVRI NANDAN v. BHAGWAN DEVI W/O SHRI NARAYAN SINGH

CW/10737/2025 · 2025-08-28

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:34359] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10737/2025 Satya Prakash S/o Late Gavri Nandan, Aged About 75 Years, (Dob. 01.01.1951), Resident Of Village- Tahri, Tehsil- Saipau, Distt. Dholpur (Raj.) Presently Residing At Dhoolkot, Tehsil And District- Dholpur Rajasthan. ----Petitioner Versus 1. Bhagwan Devi W/o Shri Narayan Singh, Aged About 65 Years, R/o Kachahari Gali Dholpur, Tehsil And District- Dholpur Rajasthan. 2. Narayan Singh S/o Late Ganpati Singh, R/o Kachahari Gali Dholpur, Tehsil And District- Dholpur Rajasthan. ----Respondents For Petitioner(s) : Mr. Manoj Kumar Avasthi For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 28/08/2025 1. The petitioner has filed this petition with a prayer to issue directions to learned Senior Civil Judge-cum-Chief Judicial Magistrate, Dholpur for deciding the Application No.24/2018 and Execution No.06/2018 as early as possible. 2. As per the facts on record, the execution application is pending since 2018. 3. Recently, the Hon'ble Apex Court in the case of Periyammal (Dead) Through LRs. & Ors. vs. V. Rajamani & Anr. Etc. in Civil Appeal Nos.3640-3642 of 2025 decided on 06.03.2025, has observed as under: "74. The mandatory direction contained in Para 42.12 of Rahul S. Shah (supra) requiring the execution proceedings to be completed within six [2025:RJ-JP:34359] (2 of 2) [CW-10737/2025] months from the date of filing, has been reiterated by this Court in its order in Bhoj Raj Garg v. Goyal Education and Welfare Society & Ors., Special Leave Petition (C) Nos.19654 of 2022. 75. In view of the aforesaid, we direct all the High Courts across the country to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions. Once the data is collected by each of the High Courts, the High Courts shall thereafter proceed to issue an administrative order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. Once the entire data along with the figures of pendency and disposal thereafter, is collected by all the High Courts, the same shall be forwarded to the Registry of this Court with individual reports." 4. In view of the observations of the Hon'ble Apex Court and in view of the fact that execution application is pending since 2018 i.e. for about last seven years, the Court feels that ends of justice would meet if the court below is directed to decide the execution application at the earliest. 5. Accordingly, this writ petition is disposed of with directions to the Court of Senior Civil Judge-cum-Chief Judicial Magistrate, Dholpur to dispose the execution application as early as possible and preferably within a period of three months. (GANESH RAM MEENA),J Gaurav Srivastava/Satyendra/51