[2026:RJ-JP:1684] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 51/2026 1. Abdul Aziz Khan S/o Shri Amanat Khan, R/o Dayara (Khandela) Tehsil Sri Madhopur, District Sikar, Rajasthan (Deceased) Through Legal Heirs. 1/1. Abida Begum, W/o Of Abdul Aziz 1/2. Imran Khan, S/o Of Abdul Aziz 1/3. Nishan Khanam, D/o Abdul Aziz 1/4. Parvez Khan, D/o Abdul Aziz 1/5. Alka Khan, D/o Abdul Aziz 1/6. Arshad Khan S/o Abdul Aziz, All Resident Of Dayara, Tehsil Khandela, District Sikar, Rajasthan. ----Petitioners Versus 1. Ahmed Khan S/o Shri Amanat Khan (Deceased), Through Legal Heirs. 1/1. Islam Khatun, W/o Ahmed Khan 1/2. Amjad Khan, S/o Ahmad Khan 1/3. Shahid Khan S/o Ahmed Khan, All Resident Of Dayara, Tehsil Khandela, District Sikar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Nikhil Sharma For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 15/01/2026 1. Learned counsel for the petitioner, without pressing the issues on merits, submits that initially, inadvertently, filed an application praying stay of execution of the decree, though there was no executable decree. [2026:RJ-JP:1684] (2 of 2) [CW-51/2026] 2. He prays that the proper remedy in the first appeal was to file an application under Order XXXIX Rules 1 and 2 CPC. 3. Therefore, he prays that he may be granted liberty to file an application under Order XXXIX Rules 1 and 2 CPC in the pending appeal. 4. The present civil writ petition is dismissed as withdrawn with the aforesaid liberty. 5. Pending application(s), if any, shall also disposed of. (BIPIN GUPTA),J PARSHANT /15