[2026:RJ-JP:3690] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1521/2026 Madanlal Son Of Late Shri Narayanlal, Aged About 83 Years, Resident Of Khatu Shyam Ji, Tehsil Dantaramgarh, District Sikar, Rajasthan. ----Petitioner Versus 1. Muktilal @ Ramchandra Son Of Late Shri Surajmal, Aged About 73 Years, Resident Of Ward No. 9, Khatu Shyam Ji, Tehsil Dantaramgarh, District Sikar, Rajasthan. 2. Gordhani Wife Of Late Shri Radheyshyam, Aged About 65 Years, Resident Of Ward No. 17, Khatu Shyam Ji, Tehsil Dantaramgarh, District Sikar, Rajasthan. 3. Mukeshkumar Son Of Late Shri Radheyshyam, Aged About 40 Years, Resident Of Ward No. 17, Khatu Shyam Ji, Tehsil Dantaramgarh, District Sikar, Rajasthan. 4. Ajaykumar Son Of Late Shri Radheyshyam, Aged About 31 Years, Resident Of Ward No. 17, Khatu Shyam Ji, Tehsil Dantaramgarh, District Sikar, Rajasthan. 5. Jeetu Son Of Late Shri Radheyshyam, Aged About 22 Years, Resident Of Ward No. 17, Khatu Shyam Ji, Tehsil Dantaramgarh, District Sikar, Rajasthan. 6. Jyoti Daughter Of Late Shri Radheyshyam, Wife Of Ghanshyam, Aged About 35 Years, Resident Of Ward No. 17, Khatu Shyam Ji, Tehsil Dantaramgarh, District Sikar, Rajasthan, At Present Plot No. 04A, Rajeshwari Puri Takari, Sodala Near Choudhary Public School, Jaipur, 302006. 7. Kiran Devi Daughter Of Late Shri Radheyshyam, Wife Of Mahesh Kumar, Aged About 33 Years, Resident Of Ward No. 17, Khatu Shyam Ji, Tehsil Dantaramgarh, District Sikar, Rajasthan, At Present Mukam Post Dulharaoji Basko, District Jaipur, 303305. ----Respondents For Petitioner(s) : Mr. Prahlad Sharma For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order [2026:RJ-JP:3690] (2 of 2) [CW-1521/2026] 28/01/2026 1. After arguing for some time by petitioner, this Court on perusal of the file observed that there was no application under Order 41 Rule 5 CPC for staying the execution of the decree. 2. In response to this learned counsel for the petitioner submits that inadvertently he had not filed an application under Order 41 Rule 5 CPC. 3. At this stage, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file an application under Order 41 Rule 5 CPC praying for stay of the execution of the decree. 4. Accordingly, the present writ petition is dismissed with aforesaid liberty. 5. It is made clear that if any such application is filed under Order 41 Rule 5 CPC, it is expected from the learned Appellate Court to decide it as expeditiously as possible, without being influenced by the order dated 07.01.2026. 6. Pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J MAHIMA/KRATIKA/5