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2025 DAILYLAW 9798 (RAJ)

SMT. SETHANI GANGABAI TRUST v. SHRI PRITHVIRAJ AGRAWAL SON OF LATE RATANLAL AGRAWAL

CW/4578/2025 · 2025-05-15

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:20463] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4578/2025 Smt. Sethani Gangabai Trust, Beawar Situated at Damodhardas Rathi Marg, Chang Chittar Road, Beawar-Rajasthan Through Its Managing Trustee, Shri Vishnu Kumar Rathi Son Of Shri Mukand Das Rathi. ----Petitioner Versus 1. Shri Prithviraj Agrawal Son Of Late Ratanlal Agrawal, Shop No. 3, Near M/s Gibson Medical, Chikitsalaya Bhawan (At Present Rathi Hospital) Pipliya Bazar, Shanti Jain School Marg, Beawar District Ajmer (Since Deceased) Through Legal Heirs - 1/1. Smt. Pushpa Devi Wife Of Late Shri Prithviraj Agrawal, Resident Of Gas Repairing And Pisai Kendra, Sanatan School Marg, Beawar, District Ajmer (Rajasthan) 1/2. Deepak Son Of Late Shri Prithviraj Agrawal, Resident Of Gas Repairing And Pisai Kendra, Sanatan School Marg, Beawar, District Ajmer (Rajasthan) 1/3. Smt. Meenakshi Daughter Of Late Shri Prithviraj Agrawal Wife Of Shri Jai Agrawal, Resident Of Gas Repairing And Pisai Kendra, Sanatan School Marg, Beawar, District Ajmer (Rajasthan) ----Respondents For Petitioner(s) : Mr. Ashish Saksena For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 15/05/2025 1. By way of filing this writ petition, a limited prayer has been made for issuing a direction to the Executing Court to dispose of the execution application submitted by the petitioner, expeditiously within a time frame. [2025:RJ-JP:20463] (2 of 2) [CW-4578/2025] 2. Counsel for the petitioner submits that the respondents have failed to submit the undertaking as per the direction issued by this Court while deciding S.B. Civil Writ Petition No. 18401/2023 on 22.07.2024 submitted by the respondent-Deepak. Counsel submits that under these circumstances, an execution application has been submitted before the Executing Court and the Executing Court is deferring the matter for one reason to another, therefore appropriate direction be issued in this regard. 3. Considering the limited prayer made by the counsel for the petitioner and looking to the fact that the execution application submitted by the petitioner is pending before the Executing Court, it is expected from the Executing Court to make all possible endeavour to decide the said application expeditiously as early as possible in accordance with law. 4. The present writ petition stands disposed of. 5. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/15