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2026 DAILYLAW 1856 (RAJ)

RAMLAL S/O KISHAN LAL v. BADRI PRASAD GATTIWALA S/O SHRI KAPOOR CHAND JI

CW/3487/2026 · 2026-02-23

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:8107] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3487/2026 1. Ramlal S/o Kishan Lal, Aged About 71 Years, Resident Of Gram Jeetawala, Tehsil Bassi, District Jaipur. 2. Sitaram Sharma S/o Kishan Lal Sharma, Aged About 66 Years, Resident Of Gram Jeetawala, Tehsil Bassi, District Jaipur. ----Petitioners-Defendants/Tenants Versus 1. Badri Prasad Gattiwala S/o Shri Kapoor Chand Ji, Resident Of H. No. 1210-13, Rasta Ghosiyan, Chokari Ghatgate Darwaja, Jaipur (Since Deceased During Pendency Of The Application) Through His Legal Heirs 1/1 Rajendra Kumar Goyal S/o Shri Badri Prasad Gattiwala S/ o Shri Kapoor Chand Ji, Resident Of H. No. 1210-13, Rasta Ghosiyan, Chokari Ghatgate Darwaja, Jaipur ----Respondents-Decree Holder For Petitioner(s) : Mr. B R Rana For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 23/02/2026 1. The present writ petition has been filed with an innocuous prayer that the entire execution proceedings bearing No. 56/2012 be dismissed. 2. Considered. 3. This Court finds that the appropriate remedy for the petitioner to have his grievances, if any, redressed is by filing an application under Section 47 CPC before the Executing Court. This Court further finds that no petition is maintainable merely seeking dismissal of the execution proceedings. [2026:RJ-JP:8107] (2 of 2) [CW-3487/2026] 4. With the aforesaid observations, the present Civil Writ Petition stands dismissed. 5. Pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J KRATIKA /3