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2026 DAILYLAW 568 (RAJ)

OM PRAKASH v. LALIT KUMAR SON OF SHARVAN KUMAR AGARWAL (BABAI WALE)

CW/3724/2025 · 2026-03-16

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:11043] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3724/2025 1. Om Prakash, Aged About 58 Years, Son Of Ghasi Ram 2. Sriram, Aged About 56 Years, Son Of Ghasi Ram 3. Ravindra Kumar, Aged About 54 Years, Son Of Ghasi Ram 4. Anita Devi, Aged About 52 Years, Wife Of Sriram 5. Sunita Devi, Aged About 50 Years, Wife Of Ravindra Kumar 6. Saroj Wife Of Om Prakash, Aged About 56 Years, All Residents Of Ward No. 01, Neemkathana, District Sikar (Raj.) ----Plaintiff/Decree Holders/Petitioners Versus Lalit Kumar Son Of Sharvan Kumar Agarwal (Babai Wale), Resident Of Neemkathana, District Sikar (Raj.) - At Present Resident Of C/o Arun Batan Store, Near Government Well, Bombay Hotel Wali Gali, Mumh Bazar, Asansole, West Bengal ----Defendant/Judgement Debtor/Non-Petitioner For Petitioner(s) : Mr. Ajay Gupta Ms. Sampati Sharma For Respondent(s) : Mr. Ramji Lal Gupta HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 16/03/2026 1. Learned counsel for the petitioner submits that the order which was challenged, was passed by the learned Executing Court on account of the fact that the application under Order IX Rule 13 CPC filed by the respondent was pending, and therefore, the execution proceedings were stayed. 2. Learned counsel for the petitioner further submits that the said application under Order IX Rule 13 CPC filed by the respondent has now been disposed of on 02.02.2026. [2026:RJ-JP:11043] (2 of 2) [CW-3724/2025] 3. Therefore, he prays that he may be permitted to withdraw the present writ petition with liberty to approach the learned Executing Court along with the said order. The learned Executing Court shall thereafter proceed in accordance with law. 4. Consequently, the present writ petition is hereby dismissed as withdrawn with aforesaid liberty. 5. Pending application(s), if any, stand disposed of. (BIPIN GUPTA),J KRATIKA /39