ORDER :

1. The brief facts relevant for consideration to adjudicate the issue involved in the present writ petition are that the petitioner/plaintiff filed a suit for specific performance of contract and perpetual injunction on 17.11.2014 before the Court of learned Civil Judge, Jhunjhunu (for short ‘the learned trial court’). Treating the service of summons effected upon the respondent Radhey Shyam Jhunjhunuwala and his non-appearance before the Court, an order for ex-parte proceedings was passed on 17.1.2015 and likewise the ex-parte proceedings were ordered against the respondent -Ritesh on 22.7.2015.

2. The petitioner/plaintiff got examined two witnesses and the evidence was closed on 3.9.2015. Finally, after hearing the arguments the learned trial court passed an ex-parte judgment and decree dated 11.1.2017 and decreed the suit in favour of the petitioner/plaintiff.

3. After the ex-parte judgment and decree, the petitioner/plaintiff filed an application for execution of the judgment and decree which was numbered as 4/2017, Ramji Lal Vs. Radhey Shyam & Ors. On the application for execution of the decree, the Executing Court issued notices for the objections and thereafter, respond