MAHESH CHAND SON OF SHRI KANHAIYA LAL v. LAND HOLDER
SAW/906/2026 · 2026-08-20
Inderjeet Singh, Sandeep Taneja
Transfer Petitionbody2026
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[ 2026 DAILYLAW 13312 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 13312 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 906/2026 CNR: RJHC020784632026 | URN: SAW / 1838U / 2026 Mahesh Chand Son Of Shri Kanhaiya Lal, Aged About 70 Years, Resident Of Village-Behror Taraf Ganga Bishan, Behror, District- Kotputli-Behror (Raj.). ----Appellant Versus
1. Land Holder, Through Tehsildar, Behror, District-Kotputli- Behror (Raj.).
2. Kamla Daughter Of Shri Kanhaiya Lal, Resident Of Behror Taraf Ganga Bishan, Behror, District-Kotputli-Behror (Raj.).
3. Gayatri, Daughter Of Shri Sardar Singh
4. Birmi, Wife Of Shri Sardar Singh
5. Manoj Kumar, Son Of Shri Sardar Singh
6. Mahipal, Son Of Shri Sardar Singh
7. Maya, Daughter Of Shri Sardar Singh
8. Ramakala, Daughter Of Shri Sardar Singh
9. Shakuntala, Daughter Of Shri Sardar Singh
10. Santosh, Daughter Of Shri Kanhaiya Lal
11. Satyaveer, Son Of Savitri Daughter Of Shri Kanhaiya Lal
12. Mahaveer, Son Of Savitri Daughter Of Shri Kanhaiya Lal
13. Bhanwar Singh, Son Of Savitri Daughter Of Shri Kanhaiya Lal
14. Sudesh, Daughter Of Savitri Daughter Of Shri Kanhaiya Lal
15. Neelam, Daughter Of Savitri Daughter Of Shri Kanhaiya Lal
16. Seema Daughter Of Shri Kanhaiya Lal, All Resident Of Resident Of Village-Behror Taraf Gangabishan, District Alwar (Raj.). (Newly Formed District Kotputli-Behror) ----Respondents
(2 of 3) [SAW-906/2026] For Appellant(s) : Mr. Dinesh Yadav For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE SANDEEP TANEJA
Order 20/08/2026 The present appeal has been preferred by the appellant assailing the order dated 07.07.2026 passed by the learned Single Judge, whereby the learned Single Judge directed the concerned Trial Court/Executing Court to decide the execution petition pending before it within a period of one year from the date of receipt of the certified copy of the order dated 07.07.2026.
Learned counsel for the appellant has assailed the aforesaid
order primarily on the ground that the Hon’ble Supreme Court in the matter of Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors., reported in 2021 SCC OnLine SC 341, has issued a direction that the Executing Court must dispose of the execution proceedings within a period of six months from the date of filing, which may be extended only by recording reasons in writing for such delay. He further submits that a direction be issued to the concerned Executing Court to decide the execution petition within a period of six months. We have heard learned counsel for the appellant and perused the material available on record. This appeal filed by the appellant deserves to be dismissed; for the reasons, firstly, despite the order dated 07.07.2026 having been passed by the learned Single Judge, the appellant has failed to place the said order before the concerned Executing Court even
(3 of 3) [SAW-906/2026] after a lapse of about one and a half months, secondly, there are as many as sixteen respondents in the matter and service of notices upon all the respondents may consume a considerable period of time, which may extend beyond six months, therefore, no case is made out for interfering with the order dated 07.07.2026 passed by the learned Single Judge. In that view of the matter, the present appeal stands accordingly dismissed. All pending application(s), if any, also stand
disposed of.
(SANDEEP TANEJA),J (INDERJEET SINGH),J 41/Upendra Pratap Singh