[2025:RJ-JP:45599] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6166/2025 Lalit S/o Late Nanagram Sharma, R/o Mangalmay Shop No. 4, Telipura Link Road, Bapu Bazaar, Jaipur ----Petitioner Versus 1. Anita Sharma D/o Late Shri Nanagram Sharma, R/o D-9, Adarsh Basti, Tonk Phatak, Jaipur 2. Vijay Sharma S/o Lt. Shankarlal Sharma, R/o House No. 34/353-355, Pratap Nagar, Sanganer, Jaipur 3. Nanagram S/o Lt. Sh. Gouri Lalji Sharma, (Deceased) 3/1. Kanchan Sharma D/o Late Shri Nanagram Sharma W/o Shri Satish Kumar Sharma, R/o House No. 364, Premnagar, Jagatpura, Jaipur 3/2. Bobby S/o Late Nanagram Sharma, R/o C-591/d-33 D Block, Harijan Basti, Masudpur, Basantkunj, New Delhi 110070 (Deceased) 3/3. Sunita D/o Late Shri Nanagram W/o Shri Virendra Kumar Sharma, R/o House No. S-183, Shanti Nagar, Jaipur 3/4. Vijeyta D/o Late Shri Nanagram W/o Mahesh Sharma, R/o House No. 46, Panchvati Colony, Behind Kamla Nehru Nagar, Ajmer Road, Jaipur 3/5. Late Reena S/o Late Naganram, (Deceased) 3/5/1 Shilpi Kumawat D/o Lt. Reena, W/o Dr. Bhanu Sharma, R/o House No. 141A, Purvi Niwaru Road, Bahubali Nagar, Shanti Path, Jhotwara, Jaipur 302012 3/5/2 Shilki Nayar D/o Lt. Reena, W/o Abhilesh Nayar, R/o House No. 179A, Premnagar First, Gurjar Ki Thadi, Gopalpura Byepas, Jaipur 302019 3/5/3 Nitesh Kumawat S/o Lt. Reena And Chandramohan Kumawat, R/o House No. 215 Kirti Nagar, Near Gopalpura Puliya, Jaipur. ----Respondents For Petitioner(s) : Mr. Dharmendra Jain with Ms. Julekha For Respondent(s) : Mr. M. M. Ranjan, Sr. Adv. with [2025:RJ-JP:45599] (2 of 3) [CW-6166/2025] Mr. Lokesh Tiwari, Mr. Lokesh Jangid, Mr. Tribhuwan Prasad Pandey HON'BLE MR. JUSTICE MANEESH SHARMA Order 13/11/2025 1. The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India, assailing the impugned order dated 16.09.2022 passed by the learned Additional District and Sessions Judge No. 6, Jaipur Metropolitan- II, in Execution Case No. 52/2020, whereby the learned Executing Court, on an application filed by the judgment-debtor Smt. Anita Sharma, has ordered the impleadment of all the legal representatives of the deceased decree-holder, Late Shri Nanagram Sharma. 2. Learned counsel for the petitioner submits that the petitioner cannot be impleaded as a judgment-debtor, as the decree was passed in favour of Late Shri Nanagram Sharma. Therefore, the petitioner cannot be made a party to the execution proceedings as a judgment-debtor, and the impugned order may accordingly be set aside qua the petitioner. 3. Per contra, learned counsel for the respondents submits that since Late Shri Nanagram Sharma, the original decree-holder, had executed a registered gift deed dated 10.01.2011 in his favour, and the execution has been filed by him as the owner of the property under Order 22 Rule 10 of the Code of Civil Procedure, 1908. He further submits that the objection petition filed by the [2025:RJ-JP:45599] (3 of 3) [CW-6166/2025] petitioner under Order 21 Rule 97 of the Code of Civil Procedure, 1908, has already been rejected by the learned Trial Court vide order dated 27.06.2022. 4. Thus, in view of the above learned counsel for the respondent also has no objection if the petitioner is not impleaded as a judgment-debtor in the present execution proceedings as directed under the impugned order dated 16.09.2022. 5. In view of the consensus arrived at between the parties as noted hereinabove, the present writ petition is partly allowed, and the impugned order dated 16.09.2022, to the extent it directs the impleadment of the petitioner as a judgment-debtor, is set aside. 6. The stay application as well as other pending applications, if any, also stand disposed of. (MANEESH SHARMA),J Seema/7