Rajasthan High Court - Jodhpur
Seth Jugaldas Ganeriwala Charitable ... vs Shri Ram Pathya Granthagar Samiti on 26 July, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5279/2022
1. Seth Jugaldas Ganeriwala Charitable Trust Kolkata,
Through Managing Trustee Hanuman Parshad Son Of Late
Shri Rameshwar Das, By Caste Ganeriwala, Aged About
83 Years, Resident Of 16, Sriram Road, Ground Floor, Civil
Lines Post Delhi 54.
2. Hanuman Parshad S/o Late Shri Rameshwar Das, Aged
About 83 Years, By Caste Ganeriwala, Resident Of 16,
Sriram Road, Ground Floor, Civil Lines Post Delhi 54.
----Petitioners
Versus
1. Shri Ram Pathya Granthagar Samiti, Registered Society
No. 17/86, Near Ashok Sthamb, Post Ratangarh, District
Churu Through Secretary Ambika Prasad, By Caste
Sharma, Resident Of Near Ashok Sthamb, Station Road,
House Opposite Bhuwalka Kothi, Post Ratangarh, District
Churu.
2. Raghunandan S/o Shri Sita Ram, By Caste Dhard,
Resident Of Ratangarh, District Churu Address Shop In
Dhardo Ki Bagechi, Opposite Bal Niketan School, Station
Road, Post Ratangarh, District Churu.
----Respondents
For Petitioner(s) : Mr. G.R. Goyal
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 26/07/2022
1. The petitioners have approached this Court with the grievance that though the petitioners have filed an execution petition way back in the year 2015, they have not received the fruits of the decree.
2. Without making any observation about the petitioners' entitlement or right flowing from the decree, the present writ (Downloaded on 26/07/2022 at 09:07:13 PM) (2 of 2) [CW-5279/2022] petition is disposed of with the direction to the petitioner to file an application before the Executing Court within a period of two weeks from today along with certified copy of the order instant and a photo-stat copy of the judgment and decree and judgment of Hon'ble Supreme Court rendered in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors. reported in AIR 2021 SC 2161.
3. In case such an application is filed, the Executing Court shall do the needful in accordance with law as early as possible preferably within a period of eight weeks from the date of receipt of the copy of this order.
4. It is made clear that aforesaid direction to decide the application has been issued only with a view to ensure expeditious redressal of petitioners' grievance. The same may not be construed to be an order to decide the application in a particular manner.
(VINIT KUMAR MATHUR),J 341-payal/-
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