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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BIPIN GUPTA
Bodulal S/o Ramdev, (Since Deceased Through L.r.) – Appellant
Versus
Hanuman, S/o Bhawarlal – Respondent
JUDGMENT :
BIPIN GUPTA, J.
1. The present writ petition has been filed assailing the order dated 22.05.2025, passed by the learned Senior Civil Judge, Nasirabad, District Ajmer, in Civil Execution Petition No. 12/2019, whereby the application filed by the judgment-debtors- respondents under Section 47 CPC, raising objections to the maintainability of the execution proceedings, came to be allowed, and as a consequence thereof, the execution petition filed by the decree-holder-petitioner was dismissed.
2. The controversy, in a narrow compass, arises out of a suit for permanent injunction instituted by deceased plaintiff Bodulal, predecessor-in-interest of the present petitioner. The suit pertained to ancestral property comprised of Khasra No. 3217, admeasuring 14 Biswa and 10 Biswanshi, which, as per the revenue record, stood recorded in the names of the plaintiff’s father late Ramdev and proforma defendant’s father late Shravan. It was averred in the plaint that the plaintiff had been in continued possession of the said land and was using the same, inter alia, for storing animal fodder.
2.1 On 12.01.2001, the defendants allegedly entered upon the disputed land and started construction t
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
The main legal point established in the judgment is that the decree of permanent injunction is binding on all parties, and relief can be sought under Order XXI Rule 32 of the Code of Civil Procedure ....
The court affirmed that a decree holder's rights must be enforced despite repeated technical objections from judgment debtors, underscoring the importance of expeditious justice in civil matters.
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