[2025:RJ-JP:41328] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14886/2025 Shri Ballabh Pushti Margiya Mandir Prabandh Samiti, Shri Gordhan Nath Ji Ka Mandir, Galta Road, Mohan Bari, Jaipur, through Honorary Secretary Sohan Lal Agarwal S/o Madho Bihari Ji, aged about 67 Years, R/o 1344, Chetwadi Ka Bag, Gangapole, Jaipur (Rajasthan). ----Petitioner Versus 1. Madholal S/o Shri Devi Sahay Rawat, Proprietor Laxmi Oil Mill, Galta Road, Shri Gordhan Nath Ji Ka Mandir, Galta Road, Jaipur (Deceased During Execution) through Legal Representatives 1/1 Shri Girraj S/o Late Shri Madholal, 1/2 Shri Rajendra S/o Late Shri Madholal, 1/3 Sunita D/o Late Shri Madholal, All 1/1 to 1/3 are Residents of A-9, Raghunath Colony, Near Galta Gate, Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Amit Singh Shekhawat For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 10/10/2025 1. The instant writ petition under Article 227 of the Constitution of India has been preferred by the petitioner with a prayer to issue direction to the learned Addition Civil Judge-cum-Judicial Magistrate (North), Jaipur Metropolitian-II to decide the Execution Application No. 116/2025 titled as "Shri Ballabh Pushti Margiya Mandir Prabandh Samiti vs. Madho Lal" at the earliest. 2. Learned counsel for the petitioner submits that the eviction suit filed by the petitioner was decreed on 24.12.2019, first appeal filed by the tenant was dismissed on 08.08.2024 and the Second Appeal No.397/2024 preferred by the respondents was disposed of by a Co-ordinate bench of this Court vide order dated 07.11.2024 [2025:RJ-JP:41328] (2 of 3) [CW-14886/2025] whereby the Court granted time to the respondents till 31.12.2027 to vacate the suit property as also directed the respondents to submit an undertaking and to pay mesne profits. Counsel further submits that despite passing of the order, the respondents neither filed the undertaking nor paid mesne profit, therefore, the execution was filed. 3. He further submits that the initial suit was instituted in the year 1999 and despite the fact that the petitioner has succeeded in every round of litigation, after litigating for more than 25 years, yet the petitioner is deprived of the fruits of decree and the execution petition is being dragged for one reason or the other by the respondents. 4. Heard the submissions made at bar and considered the material available on record. 5. Taking into consideration that the suit was decreed vide order dated 24.12.2019; the same attained finality vide order dated 07.11.2024 passed by a co-ordinate bench of this Court in S.B. Civil Second Appeal No.397/2024 whereby the second appeal filed by the respondents was dismissed; and the execution application is being dragged for one reason or another by the respondents. 6. The Hon'ble Apex Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors.1; has provided guidelines and directions for execution proceedings. The relevant portion of the said judgment is quoted as under:- "42.12. The Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay." 1 (2021) 6 SCC 418 [2025:RJ-JP:41328] (3 of 3) [CW-14886/2025] 7. Further, the Hon'ble Apex Court in the matter of Periyammal (Dead) through LRs. & Ors. vs. V. Rajamani & Anr.2 has observed in para No.74 & 75 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 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." 8. This Court is of the considered opinion that in the interest of justice, direction is required to be issued to conclude the execution proceedings within a stipulated time period. 9. Accordingly, the writ petition is disposed of with direction to the learned Executing Court to complete the execution application No.116/2025 titled as "Shri Ballabh Pushti Margiya Mandir Prabandh Samiti vs. Madho Lal" in expeditious manner and preferably within three months from the date of submitting the certified copy of this order. 10. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J DEEPA-19 2 2025 SCC Online SC 507