KASIF UMAR SON OF LATE SHRI UMAR MOHAMMED v. ASLOOP SON OF GAREEBA
CW/2089/2026 · 2026-01-31
Bipin Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16749 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16749 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:4536] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2089/2026 Kasif Umar Son Of Late Shri Umar Mohammed, Resident Of Padala, Tehsil Deeg, District Deeg (Rajasthan) ----Petitioner Versus
1. Asloop Son Of Gareeba, Aged About 56 Years, Resident Of Rundh Khoh, Tehsil Deeg, District Deeg (Rajasthan).
2. Jameel Khan Son Of Usman Khan, Aged About 57 Years, Resident Of Baldev Bass, Tehsil Deeg, District Deeg, Presently Resident Of In Front Of Deevi Ji Temple, Paindka Road, Town Nagar, Tehsil Nagar, District Deeg (Rajasthan)
3. Smt. Tofani Wife Of Patariya, Aged About 72 Years, Resident Of Baldev Bass, Tehsil Deeg, District Deeg, Presently Resident Of In Front Of Deevi Ji Temple, Paindka Road, Town Nagar, Tehsil Nagar, District Deeg (Rajasthan)
4. The Tehsildar, Deeg, District Deeg ----Respondents For Petitioner(s) : Mr. Rajneesh Gupta Mr. Rahul Sharma Mr. Utkarsh Goyal For Respondent(s) :
HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 31/01/2026
1. It is contended by learned counsel for the petitioner that a decree came to be passed on 12.12.2023, in which the petitioner was not party. He submits that the execution was pending in the Court of learned Additional District and Sessions Judge, Deeg.
[2026:RJ-JP:4536] (2 of 3) [CW-2089/2026]
2.
Learned counsel for the petitioner further submits that on 10.02.2025 in the pending execution application, he had filed objections. He further submits that though the execution petition was pending before the Court of learned Additional District and Sessions Judge, Deeg, however, on the basis of administrative
order, the objections were sent to the Court of District Judge, Deeg from the Court of Additional District & Sessions Judge. Thus, the Executing Court i.e. the learned Additional District and Sessions Judge, Deeg without consideration of his objections has passed the order dated 12.01.2026 for execution of the decree. He, therefore, submits that due to the administrative order of the District and Sessions Judge, Deeg, the execution petition has been separated and has been sent to a different Court which has caused serious prejudice as the order of execution petition has been passed without consideration of his objection.
3. Heard and considered.
4. This Court is of the opinion that the objections are the integral part of the execution petition and could not have been separated. Therefore, this court deems it appropriate to direct that the objections pending in the Court of District & Sessions Judge, Deeg be sent to the Court of Additional District & Sessions Judge, Deeg. The Additional District & Sessions Judge, Deeg is expected to decide the objections of the petitioner.
5. Till the decision of the objections of the petitioner, operation of the order dated 12.01.2026 shall remain stayed.
6. It is made clear that the after the decision of the objections, the Executing Court will be free to pass any appropriate order as it deems fit in the proceedings of the execution.
[2026:RJ-JP:4536] (3 of 3) [CW-2089/2026]
7. However, It is made clear that if the respondents are aggrieved in any manner against this order, then they are free to approach this Court by way of filing the recalling application.
8. With the aforesaid observations, the present Civil Writ Petition stands disposed of.
9. Pending application(s), if any, also stand disposed of.
(BIPIN GUPTA),J MAHIMA/KRATIKA/13