[2025:RJ-JP:15116] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3012/2024 Smt. Rekha Devi W/o Dorilal, R/o Bayana Gate Teh.-Weir Distt.- Bharatpur ----Petitioner-Applicant Versus 1. Kalua S/o Mangal, (Deceased) 1/1. Nathiya W/o Late Kalua, R/o Bayana Gate Teh.- Weir Distt.- Bharatpur. 1/2. Dhankaur D/o Kalua W/o Ramesh, R/o Hindon, Prahlad Kund, The.- Hindon Distt. Karoli Rjasthan. 1/3. Uaganti D/o Kalua W/o Pappan, R/o Gargmandawar, The.- Mandawar Distt.- Dausa. 1/4. Prem D/o Kalua W/o Phool Singh, R/o Gahdonli Teh.- Mahua Distt.-Dausa. 1/5. Omwati D/o Kalua W/o Khushiram, R/o Gahdonli Teh.- Mahua Distt.-Dausa. 2. Ramkhiladi S/o Late Kalua, R/o Bayana Gate Teh.-Weir Distt.- Bharatpur. 3. Mohanlal S/o Late Kalua, R/o Bayana Gate Teh.-Weir Distt.- Bharatpur. 4. Girdhari S/o Late Kalua, R/o Bayana Gate Teh.-Weir Distt.- Bharatpur. 5. Gordhan S/o Late Kalua, R/o Bayana Gate Teh.-Weir Distt.- Bharatpur. ----Respondents-Non-applicants For Petitioner(s) : Mr. Vimal Singh For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 03/04/2025 1. As per office report, notices upon respondents have been served, but no one has put in appearance. 2. Heard counsel for petitioner and perused the record. [2025:RJ-JP:15116] (2 of 3) [CW-3012/2024] 3. Petitioner is a decree holder, in whose favour judgment and decree dated 19.08.2010 in Civil Suit No. 76/2009 by the Court of Additional District Judge (Fast Track No.3), Bharatpur Headquarter Bayana, Bharatpur was passed in following terms:- "izfroknh la[;k 1 dyqvk us okn i= dh en la[;k 1 eSa of.kZr fookfnr vkjkth [kljk uEcj 1949@2 jdck 12 fcLok okds xzke iqfj;k iV~Vh cSj iVokj {ks= cSj rglhy oSj dks ca/kd eqDr djk fy;k gS] rks fu.kZ; ls nks ekg ds Hkhrj ckn i= dh en la[;k 1 esa of.kZr Hkw[k.M dh ckcr foØ; djkj izn'kZ 1 dh ikyuk esa okfnuh] izfroknh la[;k 1 dks nl gtkj :i;k vnk djsxh ,oa izfroknh la[;k 1 mDr HkwHkkx dk iath;u okfnuh ds i{k esa djk;sxkA" 4. It has been stated that the decree has attained finality since the First Appeal filed thereagainst has been dismissed by the High Court on 15.12.2015. 5. It appears that petitioner filed an execution petition on 19.09.2016 to execute the judgment and decree dated 19.08.2010, stating inter alia, that the property has been released from mortgage and Rs. 10,000/- has been deposited, therefore, petitioner is entitled to get registered sale deed executed. On this execution petition, notices to the respondent decree holder were issued, but the execution petition was dismissed in default on 15.02.2021, during Covid-19 period. 6. It appears that petitioner filed application for restoration of execution petition on 09.09.2022, which has been dismissed by the Executing Court viz. Additional Sessions Judge, Weir, District Bharatpur vide order dated 30.01.2024 with fact finding that no sufficient cause for non-appearance on 15.02.2021 and delay in filing application for restoration has been assigned. Hence, thereagainst, instant civil writ petition under Article 227 of the Constitution of India has been filed by the petitioner. [2025:RJ-JP:15116] (3 of 3) [CW-3012/2024] 7. Having considered the entirety of facts and circumstances, this Court finds that the execution petition came to be dismissed in default during period of pandemic Covid-19 on 15.02.2021. The Hon’ble Supreme Court vide judgment dated 10.01.2022: In Re: Cognizance for Extension of Limitation [2022 (3) SCC 117], has taken suo motu cognizance and extended the limitation period during Covid-19 from 15.03.2020 to 28.02.2022. Petitioner filed application for restoration soon after having knowledge and the delay in filing the application for restoration does not suffer from any malafide. The Executing Court has adopted harsh and pedantic approach in declining to condone the unintentional delay and not to restore the execution. In the opinion of this Court, considering the legal right of petitioner-decree holder to pursue the execution of judgment and decree dated 19.08.2010, to secure ends of justice, the delay in filing the application for restoration deserves to be condoned and restoration application is liable to be allowed. 8. As a result, instant writ petition is allowed. The orders dated 15.02.2021 & 30.01.2024 are hereby quashed and set aside. The execution petition is directed to be restored to its original number before the concerned Court and the Court shall proceed with the same in accordance with law. 9. Stay application and other pending application(s), if any, stand disposed of. 10. A copy of this order be sent to the concerned Court forthwith. (SUDESH BANSAL),J NITIN /122