[2025:RJ-JP:39565] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14924/2025 Devendra Singh S/o Sh. Harchand Singh, Aged About 43 Years, R/o Village Deeg. ----Petitioner-Judgment Debtor-Defendant Versus 1. Jagdishchand Sharma S/o Ramhet Prasad Sharma, R/o Village Deeg, Ward No. 13, Malik Mandir Shri Girdhari Ji Maharaj Virajman, Budha Darwaja, Village Deeg, Through Radhika Das Shastri, Acting Trustee. ----Plaintiff-Respondent 2. Kishanchand S/o Shri Jeewan Ram, (Deceased) 3. 2/1. Angoori, Widow Of Shri Kishanchand 2/2. Poonam, D/o Shri Kishanchand 2/3. Pappi S/o Shri Kishanchand, R/o (Makan Malik Chotu Khan) Outside Mathura Darwaja, Gulal Kund, Near Khari Kuan, Bharatpur. ----Respondents-Defendants Harchand Singh S/o Shri Kashiram, R/o Village Madhuwana, Tehsil Deeg, Presently R/o Near Mandir Shri Girdhari Ji Ward No. 13, Deeg (Deceased). 3/1. Smt. Bhagmati Widow Shri Harchand Singh, R/o Village Deeg. 3/2. Smt. Laxmi Devi W/o Shri Bachu Singh D/o Shri Harchand Singh, R/o Mathura. 3/3. Smt. Kushma Devi (Krishana Devi) W/o Sanjeev Kumar D/o Shri Harchand, R/o Mathura. ----Proforma Respondents For Petitioner(s) : Mr. Samkit Jain For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 25/09/2025 [2025:RJ-JP:39565] (2 of 5) [CW-14924/2025] 1. The instant writ petition has been filed by the petitioner- judgement debtor under Article 227 of the Constitution of India with a challenge to the order dated 15.09.2025 passed by the Court of learned Civil Judge, Deeg, District Deeg (for short ‘the Civil Court’) in Execution Application No.05/2011, whereby the application filed by the petitioner judgement debtor under section 151 CPC for staying the execution proceedings in view of pending of other litigations, was dismissed. 2. Heard. 3. Considered the submissions made by the counsel appearing for the petitioner judgement debtor and perused the material available on the record along-with the writ petition. 4. As per the facts available on the record, an execution application was filed by the respondents /defendants for execution of the judgement and decree dated 30.07.2001 passed by the Court of learned Civil Judge (Jr. Division), Deeg, District Bharatpur, whereby the suit filed by the plaintiff/ respondent for possession and declaration was decreed. The application under section 151 CPC was filed by the petitioner judgement debtor stating that several other litigations are pending as regards the suit property. 5. After having gone through the material made available on the record, the Court finds that on a suit filed by [2025:RJ-JP:39565] (3 of 5) [CW-14924/2025] Jagdish Chand Sharma impleading Harchand Singh and Kishan Chand as the defendants, the learned Civil Court decreed the suit and ordered that the registered sale deed dated 25.01.1985 executed in favour of Harchand Singh is declared void and in effective and an information was sent to the Sub- Registrar, Deeg that the suit property has been hold to be in the ownership of Murti Mandir Shree Girdhari Ji Maharaj, Bhuda Gate, Deeg. 6. During the course of arguments, counsel appearing for the petitioner judgement debtor submitted that the execution application has been filed through Radhika Das Shastri as an acting Trustee, though the suit was filed by Jagdish Chand Sharma for Mandir Shree Girdhari Ji Maharaj. The execution application was filed in the year 2011 and now after more than 14 years, the applicant who is one of the heir of Harchand Singh against whom the decree was passed, has filed an application for seeking stay of the execution proceedings and thereafter this writ petition. 7. Counsel appearing for the petitioner judgement debtor stated that the dispute as regards whether Radhika Das Shastri is acting as a Trustee is pending before the Court? Counsel appearing for the judgement debtor has admitted this fact that against the action of the Devsthan Department whereby Radhika Das Shastri has been recognized as an Acting Trustee of Mandir Shree Girdhari Ji [2025:RJ-JP:39565] (4 of 5) [CW-14924/2025] Maharaj, the litigation is pending but he has not been able to show that there is any interim order against Radhika Das Shastri being the Acting Trustee. Till Radhika Das Shastri is recognized as an Acting Trustee under the provisions of the Public Trust Act, he is having the authority to act as an Acting Trustee, if there is no any adverse interim order. So, there is no illegality in filing the execution application through Radhika Das Shastri being the Acting Trustee. 8. This Court also finds that once the decree has been passed against the forefather of the petitioner judgement debtor and the judgement passed by the Court below has attained the finality upto the higher Forum, he has no right for objection to the extent of recording the suit property as per the directions of the Court below. 9. The overall facts of this case and filing of the application for staying the execution proceedings after a lapse of more than 14 years seems to be an effort made by the petitioner side for delaying the execution of the judgement and decree passed by the Court below, which has attained finality. The Hon’ble Apex Court in catena of judgements has already held that the proceedings of an execution application should be concluded within a period of six months. 10. In the light of the discussion made above and the observations of the Court below, the Court finds no ground to interfere with in the order passed by the Court below in [2025:RJ-JP:39565] (5 of 5) [CW-14924/2025] exercise of jurisdiction under Article 227 of the Constitution of India. 11. Accordingly, the writ petition filed by the petitioner is dismissed. 12. In view of the order passed in the main petition, the stay application and pending application/s, if any, also stand dismissed. (GANESH RAM MEENA),J Sharma NK-Dy. Registrar/45