[2026:RJ-JP:1743] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11230/2025 Smt. Saroj W/o Shri Munnalal, Aged About 55 Years, R/o Behind Old Laxman Mandir, Bharatpur (Raj.) ----Petitioner/Plaintiff Versus Smt. Mithlesh W/o Puranchand, Aged About 48 Years, R/o Behind Old Laxman Mandir, Bharatpur (Raj.) ----Respondent/Defendant For Petitioner(s) : Mr. J.K. Moolchandani For Respondent(s) : Mr. Anirudh Mathur Mr. Krishanveer Singh Mr. Naman Yadav HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 15/01/2026 1. With the consent of both the parties, the writ petition is disposed of in the following terms: (i) The learned trial Court shall appoint a Commissioner as per the provision of Order 26 Rule 13 CPC for the purpose of making a partition between the parties by metes and bounds. (ii) The Commissioner shall accordingly prepare a report and submit the same before the learned trial Court. (iii) Both the parties thereafter would be at liberty to raise objections on the report submitted by the Commissioner. [2026:RJ-JP:1743] (2 of 2) [CW-11230/2025] (iv) After consideration of the objections, the learned trial Court shall decide the same and pass a final decree. (v) The aforesaid exercise shall be carried out by the learned Trial Court as expeditiously as possible. 2. Considering the fact that the final decree is in the nature of execution of the preliminary decree, and keeping in view the judgment passed by the Hon’ble Apex Court in the case of Periyammal (Dead) through L.Rs. and Ors. vs. V. Rajamani and Ors.; 2025 INSC 329 wherein, it has been held that the execution proceedings should be decided within a period of six months. 3. This Court deems it appropriate to direct that the aforesaid exercise shall be completed within a period of six months. 4. Accordingly, the present writ petition stands disposed of. 5. Pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J Sudha/92