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[2026:RJ-JP:4536]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 2089/2026

Kasif Umar Son Of Late Shri Umar Mohammed, Resident Of

Padala, Tehsil Deeg, District Deeg (Rajasthan)

----Petitioner

Versus

1. Asloop Son Of Gareeba, Aged About 56 Years, Resident Of

Rundh Khoh, Tehsil Deeg, District Deeg (Rajasthan).

2. Jameel Khan Son Of Usman Khan, Aged About 57 Years,

Resident Of Baldev Bass, Tehsil Deeg, District Deeg,

Presently Resident Of In Front Of Deevi Ji Temple,

Paindka Road, Town Nagar, Tehsil Nagar, District Deeg

(Rajasthan)

3. Smt. Tofani Wife Of Patariya, Aged About 72 Years,

Resident Of Baldev Bass, Tehsil Deeg, District Deeg,

Presently Resident Of In Front Of Deevi Ji Temple,

Paindka Road, Town Nagar, Tehsil Nagar, District Deeg

(Rajasthan)

4. The Tehsildar, Deeg, District Deeg

----Respondents

For Petitioner(s) : Mr. Rajneesh Gupta

Mr. Rahul Sharma

Mr. Utkarsh Goyal

For Respondent(s) :

HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment / Order

31/01/2026

1. It is contended by learned counsel for the petitioner that a

decree came to be passed on 12.12.2023, in which the petitioner

was not party. He submits that the execution was pending in the

Court of learned Additional District and Sessions Judge, Deeg.

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2. Learned counsel for the petitioner further submits that on

10.02.2025 in the pending execution application, he had filed

objections. He further submits that though the execution petition

was pending before the Court of learned Additional District and

Sessions Judge, Deeg, however, on the basis of administrative

order, the objections were sent to the Court of District Judge,

Deeg from the Court of Additional District & Sessions Judge. Thus,

the Executing Court i.e. the learned Additional District and

Sessions Judge, Deeg without consideration of his objections has

passed the order dated 12.01.2026 for execution of the decree.

He, therefore, submits that due to the administrative order of the

District and Sessions Judge, Deeg, the execution petition has been

separated and has been sent to a different Court which has caused

serious prejudice as the order of execution petition has been

passed without consideration of his objection.

3. Heard and considered.

4. This Court is of the opinion that the objections are the

integral part of the execution petition and could not have been

separated. Therefore, this court deems it appropriate to direct that

the objections pending in the Court of District & Sessions Judge,

Deeg be sent to the Court of Additional District & Sessions Judge,

Deeg. The Additional District & Sessions Judge, Deeg is expected

to decide the objections of the petitioner.

5. Till the decision of the objections of the petitioner, operation

of the order dated 12.01.2026 shall remain stayed.

6. It is made clear that the after the decision of the objections,

the Executing Court will be free to pass any appropriate order as it

deems fit in the proceedings of the execution.

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7. However, It is made clear that if the respondents are

aggrieved in any manner against this order, then they are free to

approach this Court by way of filing the recalling application.

8. With the aforesaid observations, the present Civil Writ

Petition stands disposed of.

9. Pending application(s), if any, also stand disposed of.

(BIPIN GUPTA),J

MAHIMA/KRATIKA/13

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