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Rajasthan High Court - Jodhpur

Maharaja Ganga Singhji Trust vs M/S. Golden Triangle Fort And Palaces ... on 17 August, 2022

Author: Vijay Bishnoi

Bench: Vijay Bishnoi

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Civil Writ Petition No. 2649/2020

Maharaja Ganga Singhji Trust, Lallgarh Palace, Bikaner Through
Its Trustee And President Of Board Of Trustees, Princess
Rajyashree Kumari D/o Late Maharaja Dr. Karni Singhji Of
Bikaner, Age About 66 Years R/o Maharaja Ganga Singhji Trust,
Lallgarh Palace, Bikaner (Raj.).
                                                                    ----Petitioner
                                    Versus
1.     M/s. Golden Triangle Fort And Palaces Pvt. Limited, Regd.
       Office 312, 3Rd Floor, Ganpati Plaza, M.i. Road, Jaipur
       Through Director Shailendra Singh Shekhawat.
2.     Rajmata Smt. Sushila Kumari Of Bikaner, In The Capacity
       Of Mother Late Maharaj Narendra Singh And Trustee,
       Maharaja Ganga Singhji Trust, Lalgarh Palace, Bikaner,
       R/o Shiv Villas Palace, Bikaner.
3.     Maharani Padma Kumari W/o Late Maharaja Narendra
       Singh Ji, Resident Of Shiv Vilas, Lallgarh Palace, Bikaner
       (Raj.).
4.     Rajkumari Siddhi Kumari D/o Late Maharaja Narendra
       Singhji, In The Capacity Of Daughter Of Late Maharaja
       Narendra Singhji And Trustee, Maharaja Ganga Singhji
       Trust, Lallgarh Palace, Bikaner.
5.     Rajkumari Mahima Kumari D/o Late Maharaja Narendra
       Singhji W/o Shri Sumit Sharma, R/o A-17, Power Grid
       Colony, Pwd Housing Complex, Sector-43, Near Park
       Plaza, Gurugram (Gurgaon), Haryana.
6.     Rajkumari Madhulika Kumari D/o Late Maharaja Dr. Karni
       Singhji W/o Rajveer Singh Jadeja, In The Capacity Of
       Trustee, Maharaja Ganga Singhji Trust, R/o Landmark Flat
       No. 121, 12Th Floor, Carmichael Road, Mumbai.
7.     Thakur Hanuwant Singh, In The Capacity Of Trustee And
       Honorary      Secretary,       Maharaja         Ganga      Singhji   Trust,
       Bikaner (Raj.).
                                                                 ----Respondents


For Petitioner(s)         :     Mr. D.D. Chitlangi
For Respondent(s)         :     Mr. S.S. Rathore


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                                            (2 of 3)               [CW-2649/2020]


             HON'BLE MR. JUSTICE VIJAY BISHNOI

Order 17/08/2022 This writ petition has been filed by the petitioner being aggrieved with the order dated 06.01.2020 passed by the Additional District and Sessions Judge No.1, Biikaner (hereinafter to be referred as 'the trial court'), whereby the trial court has allowed the stay application filed on behalf of the respondent No.1-firm and ordered that before disposal of the objection No.14/17 filed by the respondent No.1-firm, it shall not be dispossessed from the property in question.

It appears that in relation to the judgment and decree dated 28.11.2005 passed by the Additional District Judge No.2, Bikaner in Suit No.33/1996, the petitioner filed an execution application before the trial court and in the said execution application, the respondent No.1-firm filed objections, which are registered as No.14/17.

The respondent No.1-firm has moved an application before the trial court with a prayer to grant stay to the effect that till disposal of its objections filed in the execution proceedings, it may not be dispossessed from the property in question.

The trial court after hearing counsel for the parties has accepted the stay application filed on behalf of the respondent No.1-firm and ordered that till disposal of the objections filed on behalf of the respondent No.1-firm, it may not be dispossessed from the property in question.

Being aggrieved with the same, the petitioner has preferred this writ petition.

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(3 of 3) [CW-2649/2020] After arguing the matter for quite some time on merits, the learned counsel for the parties have agreed that a direction may be issued to the trial court to decide the objection No.14/17 filed by the respondent No.1-firm expeditiously.

In view of the submissions made by the learned counsel for the parties, this writ petition is disposed of with a direction to the trial court to decide the objection No.14/17 filed by the respondent No.1-firm expeditiously preferably within a period of six months from the date of production of certified copy of this order.

The stay petition is also disposed of.

(VIJAY BISHNOI),J 2-Babulal/-

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