Rajasthan High Court - Jodhpur
Mangi Lal vs Seth Jugaldas Ganediwala Charitable ... on 4 July, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:27045]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17103/2023
1. Mangi Lal S/o Shri Jor Das, Aged About 70 Years, By
Caste Swami, Aged About 70 Years, Resident Of Village
Ratangarh District Churu.
2. Bhawani Shankar S/o Mangi Lal, Aged About 44 Years, By
Caste Swami, Resident Of Ratangarh District Churu.
3. Budhmal S/o Late Shri Duli Chand, Aged About 65 Years,
By Caste Brahmin Matoliya, Resident Of Ratangarh
District Churu.
----Petitioners
Versus
1. Seth Jugaldas Ganediwala Charitable Trust, Through
Managing Trustee Hanuman Prasad So Late Rameshwar
Das, By Caste Ganediwala Resident Of 16, Shree Ram
Road, Ground Floor, Civil Lines, Post Delhi 54.
2. Ram Govind S/o Shri Sanval Ram, By Caste Ganediwala,
Resident Of 25 S Block B, New Alipur Post Kolkatta - 53.
3. Sunil Kumar S/o Shri Ram Gopal, By Caste Ganediwala,
Resident Of 33 C.r. Evenue Third Floor, Flat No. 302 Post
Kolkatta - 12
4. Narayan Prasad S/o Late Shri Ramawatar, By Caste
Ganediwala, Resident Of 114/4A, Vidhan Sarni, Shyam
Bazar, First Floor, Kolkatta - 41.
5. Mahendra Kumar S/o Late Shri Bihari Lal, By Caste Modi,
Resident Of Ganedi, Tehsil And District Sikar.
6. Hanuman Prasad S/o Late Rameshwar Prasad, By Caste
Ganediwala, Resident Of 16, Shree Ram Road, Ground
Floor, Civil Lines, Post Delhi - 54.
7. Shri Ram Pathya Granthagar Samiti, Registered Society
Registration No. 17/86, Near Ashok Stambh, Ratangarh
District Churu Through Secretary Ambika Prasad @ Amba
Prasad By Caste Sharma Resident Of Near Ashok Stambh,
Station Road, Ratangarh District Churu.
8. Shri Ramchanderji Mandir Trust Fund Society, Station
Road, Ratangarh Head Office 28 B, Roland Road, Kolkatta
- 700020 Through Trustee Lalit Kumar Ganediwala S/o
Late Govind Prasad Ganediwala, By Caste Agarwal,
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Resident Of Ratangarh At Present 66, Pathuriya Ghat
Street, Kolkatta (West Bengal).
----Respondents
For Petitioner(s) : Mr. Ramawatar Singh Choudhary with
Mr. Yuvraj Singh
For Respondent(s) : Mr. G.R. Goyal
HON'BLE MS. JUSTICE REKHA BORANA
Order 04/07/2024
1. The present petition has been preferred against the order dated 30.07.2023 passed by the learned Senior Civil Judge, Ratangarh, District Churu in Case No.07/2023 whereby the application as preferred by the objectors (the present petitioners) to register the objections independently and to recall the order of consolidating the said objections, has been rejected.
2. Brief facts are that in the execution petition as preferred by the decree holder, objections (two applications) were submitted by the present petitioners before the learned Executing Court. Prior to the objections filed by the present petitioners, one application/objections had already been filed by one Leeladhar S/o Goverdhan Ram.
3. Learned Executing Court, vide order dated 21.02.2023, while consolidating all the three applications/objections as preferred, directed that all the three objections be registered on one number.
4. Counsel for the petitioners submits that the objections as preferred by three different objectors could not have been registered with one single number and ought to have been registered separately/independently.
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5. Learned counsel Mr. G.R. Goyal appearing for respondent No.1 submits that the order impugned does not deserve any interference as the learned Court was completely justified to consolidate the matters as all the three objections pertain to the same execution petition.
6. Heard the counsels and perused the material available on record.
7. As per the order sheet dated 21.02.2023 (Annexure-5) as placed on record, it is evident that three applications/objections by three/four different objectors had been preferred in the Execution Petition No.03/2015. However, the learned Court while proceeding on to consolidate all the three objections, directed to register the same on the same number.
8. In the opinion of this Court, the direction as passed by the learned Trial Court deserves interference as all the three objection petitions as preferred by three/four different people could not have been registered on the same number. The same ought to have been registered separately. It is not in dispute that all the three objections/applications pertain to the same execution petition hence, definitely the same could be consolidated/heard together and even decided together but then they definitely have to be registered independently.
9. In view of the above observations, the present writ petition is disposed of with a direction to the learned Trial Court to register all the three objections/applications as preferred by the three/four different objectors separately. However, the learned Trial Court shall be at liberty to then consolidate and hear the same together and even decide them together. (Downloaded on 02/08/2024 at 08:33:59 PM)
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10. The stay petition and all pending applications, if any, stand disposed of.
(REKHA BORANA),J 22-KashishS/-
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