SMT. SULOCHNA DEVI W/O LATE SHRI DILIP KUMAR v. ROOPCHAND S/O LATE SHRI BHURAMAL
EXFA/20/2025 · 2025-11-06
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38113 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38113 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:44640] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Execution First Appeal No. 20/2025 Smt. Sulochna Devi W/o Late Shri Dilip Kumar, Aged About 46 Years, Resident Of H-10, In Front Of Kedawat Bhawan, Durgapura, Tonk Road, Jaipur. ----Appellant Versus
1. Roopchand S/o Late Shri Bhuramal, Resident Of House No. R-16, Udhishithir Marg, C-Scheme, Jaipur (Since Deceased Through His Legal Heirs). 1/1. Munna Lal S/o Late Shri Roopchand, Resident Of House No. R-16, Udhishithir Marg, C-Scheme, Jaipur. 1/2. Rajkumar S/o Late Shri Roopchand, R/o House No. 68-B, 22-Godam, Jaipur. 1/3. Babu Lal S/o Late Shri Roopchand, Resident Of House No. R-16, Udhishithir Marg, C-Scheme, Jaipur. 1/4. Anil Kumar S/o Babu Lal, Resident Of House No. R-16, Udhishithir Marg, C-Scheme, Jaipur. 1/5. Suresh Kumar S/o Shri Rajkumar, R/o 66-B, 22-Godam, Jaipur. ----Respondents For Appellant(s) : Mr. Brij Kishore Sharma For Respondent(s) : Mr. Rahul Kamwar HON'BLE MR. JUSTICE SUDESH BANSAL Order 06/11/2025
1. Instant Execution First Appeal has been filed by and on behalf of judgment debtor/objector, feeling aggrieved by dismissal of her objections filed under Order 21 Rule 97 CPC vide order dated 18.09.2025 passed by the Rent Tribunal No.2, Jaipur Metropolitan-I.
[2025:RJ-JP:44640] (2 of 2) [EXFA-20/2025]
2. Counsel for appellant, at the outset, admits that the order impugned dated 18.09.2025 is assailable before the concerned District Judge, hence, in that view, this execution first appeal may be allowed to be withdrawn with liberty to take appropriate legal remedy available before the District Judge.
3. Counsel appearing on behalf of respondents-decree holders have no objection to allow withdrawal of this first appeal. He submits that decree of eviction has already been executed.
4. In view of above, first appeal is dismissed as withdrawn with liberty as prayed for.
5. For limitation, it is hereby observed that since this execution first appeal was filed on 24.09.2025 i.e. within limitation period of 30 days from the date of impugned order, the period during which this execution first appeal remain pending before this Court under good faith deserves to be excluded by virtue of Section 14 of the Limitation Act and counsel for respondent too has no objection for that.
6. Stay application and other pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J NITIN /1