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2025 DAILYLAW 47973 (RAJ)

JOGENDRA SINGH S/O ONAD SINGH v. KARTAR SINGH S/O NATHU SINGH

CW/14829/2025 · 2025-12-03

Bipin Gupta

body2025

Judgment text

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[2025:RJ-JP:49076] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14829/2025 Jogendra Singh S/o Onad Singh, Aged About 69 Years, R/o Village Chudi Ajeetgarh, Tehsil And District Jhunjhunu. Presently R/o Village Kasli, Tehsil Dhod, District Sikar (Rajasthan). ----Plaintiff/Decree holder/Petitioner Versus Kartar Singh S/o Nathu Singh, Aged About 47 Years, R/o Village Chudi Ajeetgarh, Tehsil And District Jhunjhunu. Presently R/o Gopal Ka Panji Ka Baas, Bhadar Baas, Jhunjhunu (Rajasthan). ----Defendant/Judgment Debtor/Respondent For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Order 03/12/2025 1. No one is present on behalf of learned counsel for the respondent, despite service. 2. Heard, learned counsel for the petitioner in ex parte. 3. The present writ petition has been filed assailing the order dated 08.07.2025, whereby the transferee executing Court has disposed the execution proceedings on the ground that there exists no property of the judgment debtor, which can be attached, and further, the decree-holder has failed to place on record any property of the judgment debtor, which can be attached. 4. Learned counsel for the petitioner submits that the judgment debtor has disposed of his property after passing of the decree to nullify the fruits of the decree, thus liable to be sent to civil imprisonment. [2025:RJ-JP:49076] (2 of 2) [CW-14829/2025] 5. Considering the above, this Court is of the opinion that the petitioner would be at liberty to proceed further in the execution before the original executing Court as per provisions of execution available under Civil Procedure Code with the above aforesaid liberty the writ petition is disposed of. 6. All pending application(s), if any, also stands disposed of. (BIPIN GUPTA),J DIVYA /76