Home   |   About us   |   Contact us   |   Request Callback  
 
   
ALREADY A MEMBER ?
Username
Password

Translate

This Page To:

 
PUSHPA RANI V/S OM PRAKASH & OTHERS, decided on Wednesday, December 14, 2016.
[ In the High Court of Rajasthan Jodhpur Bench, Civil Writ No. 14661 of 2016. ] 14/12/2016
Judge(s) : SANJEEV PRAKASH SHARMA
Advocate(s) : Dron Kaushik.
Judgment Full Text : Existing LawyerServices Members, kindly login above.

Non Members, Enter your email address:- and , to request this judgment.

Alternatively, you may send a request by email to info@lawyerservices.in for the Full Text of this Judgment (chargeable).

LawyerServices Facebook Page

Judgments that may be related:-


  Bharat Bhusan Versus State of Meghalaya,   28/04/2017.  

  Aircel Cellular Ltd. & Another Versus Union of India, Thro' Secretary, Department of Telecommunication, New Delhi & Others,   11/08/2016.  

  Dr. R.L. Srivastava Versus Sam Higinbottom Institute of Agriculture & Others,   07/04/2016.  

  Prem Chand Sharma (Now Deceased) & Another Versus Ram Gopal,   18/02/2016.  

  Pushpa Rani Versus Rajesh Kumar,   23/07/2015.  

  Commissioner of Income-tax-I Versus Jolly Fantasy World Ltd. ,   09/03/2015.  

  Chandra Metal Company Lko.Throu Its Prop. & Another Versus Avtar Singh & Others,   21/01/2015.  

  Zarina Siddiqui Versus A. Ramalingam alias R. Amarnathan,   29/10/2014.  

  Mariappan Versus The District Collector and District Magistrate, Tirunelveli & Others,   18/08/2014.  

  Sushil Kumar Bagga Versus Dewan Chander Batra & Another,   20/01/2014.  

  Swarna & Another Versus The State (NCT of Delhi),   02/09/2013.  

  Trilokchand Jain Versus Ratnibai & Others,   22/08/2013.  

  Km. Sandhya Singh & Others Versus State Of U.P. Through Secretary & Others,   08/08/2013.  

  Ramesh Sharma Versus State of Himachal Pradesh,   09/07/2013.  

  Ishwar Dayal Kansal & Another Versus RKBK Fiscal Services Pvt. Ltd.,   21/12/2012.  

  Rani Pushpa Kumari Devi Thru Lrs. Versus Embassy of Syrian Arab Republic,   17/12/2012.  

  Phoolan Wanti & Others Versus Janpriya Finance & Industrial Investment (India) Limited Through: Its Board Of Directors,   19/11/2012.  

  Ram Vilash @ Pauwa Versus State of UP.,   12/09/2012.  

  Petitioner Versus Respondent,   23/08/2012.  

  Kamal Dhawan Versus State of Uttar Pradesh,   27/04/2012.  

  Moortie Devi & Others Versus Sat Prakash,   10/02/2012.  

  Dalbir Singh Versus State,   03/02/2012.  

  Vinita & Another Versus State N.C.T. Of Delhi,   05/12/2011.  

  Pushpa Devi Versus Addl. District Judge, Allahabad ,   05/07/2011.  

  Siddharam Satlingappa Mhetre Versus State of Maharashtra & Others,   02/12/2010.  

  Dr. G.L. Purohit Versus Dr. S.S. Agarwal & Others,   05/08/2010.  

  DIN DAYAL ALIAS DEENA VERSUS STATE OF U.P.,   19/03/2010.  

  Annamalai Palkalaikazhaga Ambedkar Asiriyar Sangam (AnnaAmSam) Chidambaram, Rep. By its President & Others Versus The Vice-Chancellor Annamalai University, Cuddalore District & Others,   23/02/2010.  

  Madras Refineries SC/ST Employees Welfare Association, Rep. By its General Secretary, M. Dayalan Chennai Petroleum Corporation Ltd., Chennai Versus The General Manager (HR) Chennai Petroleum Corporation Ltd.,Chennai & Another,   23/02/2010.  

  The Laity Association of CSI, Madras Diocese, Rep. by its General Secretary, Major J. Victor Versus The Executive Committee of Synod Church of South India, rep. by its General Secretary, Rev. Moses Jeyakumar & Others,   22/06/2009.  

  Globe Metal Industries Versus State of U.P.,   21/04/2009.  

  State of Bihar Versus Upendra Narayan Singh & Others ,   20/03/2009.  

  State of Bihar Versus Upendra Narayan Singh & Others ,   20/03/2009.  

  T. Govindan & Another Versus State Industries Promotion Corporation of Tamil Nadu, rep. by its Managing Director & Others ,   05/01/2009.  

  Vimla Balani Versus Jai Krishan Balani,   17/12/2008.  

  Manish Maheshwari & Another Versus Asstt. Commissioner of Income Tax & Others ,   23/02/2007.  

  Selvi J. Jayalalitha & Others Versus The Union of India, Rep. by its Secretary, Finance Department, North Block, New Delhi & Others ,   02/12/2006.  

  J. Jayalalitha & Others Versus The Asst. Commissioner of Income Tax ,   02/12/2006.  

  Aviat Chemicals Pvt. Ltd Versus Magna Laboratories (Gujarat) Pvt. Ltd,   29/09/2005.  

  Arun Garg Versus State of Punjab & Another ,   29/09/2004.  

  Jugal Kishore Versus Ramlesh Devi,   26/09/2003.  

  Skipper Bhawan Flat Buyers Assotiation Versus Skipper Tower Private Limited,   23/11/2001.  

  Kewal Krishan Mayor Versus Kailash Chand Mayor,   31/08/2001.  

  Commissioner of Income Tax, Bihar-II, Ranchi Versus Sandhya Rani Dutta ,   22/02/2001.  

  Ram Kishan Bhalla Versus Registrar of Co-Operative Societies,   21/07/2000.  

  Om Prakash Versus Brij Bhushan,   01/07/1998.  

  S. Murugan Versus Vaikunda Lakshmi,   24/12/1997.  

  William Jacks And Company India Limited Versus Skipper Sales Private Limited,   01/09/1997.  

  Santosh Kumar Alias Bachcha Versus State of U.P.,   22/08/1997.  

  Amar Singh Versus Satya Devi,   21/07/1997.  




#LawyerServices #bestlegalsoftware #legalsoftware #judgment #caselaw

  "2017 (2) CivCC 15 "  ==   ""  







    1. By way of this writ petition the petitioner seeks to assail order dated 26.10.2016 passed by the Civil Judge Hanumangarh in Execution Case No.13/2007 and prays that his application filed under section 151 CPC be allowed.2. The petitioner has set up a case that she is the actual owner of the shop which was originally of Smt Bhanwa Devi w/o Ganga Ram. It is stated that Bhanwa Devi and Ganga Ram had adopted her legally way back on 22.01.1953 and she has also filed a suit for declaring her to be their legal heir and giving her legal status of heir & daughter of late Bhanwa Devi w/o Ganga Ram and Ganga Ram. It is submitted that in view thereof she must be treated as owner of the suit premises and the proceedings initiated by the decree-holder under Order 21 Rule 97 CPC be set aside and the execution proceedings may not be allowed to be continued in favour of the decree-holder.3. The learned counsel further submits that as per Order 21 Rule 101 CPC all questions including relating to right title and interest in the property arising between the parties to a proceeding on an application under rule 97 or rule 99 relating to adjudication of the application ought to be determined by the court dealing with the application. The executing court however has not accepted the application under Section 151 CPC and has wrongly rejected the claim of the petitioner vide impugned order dated 26.10.2016. The same be therefore set aside.4. A look at the record submitted by the petitioner goes to show that already a suit is pending with regard to her legal status wherein decree-holders have also been impleaded as party. Said suit shall take its own course. It is however surprising that in execution proceedings relating to eviction of a tenant from the suit premises which was in ownership of Smt Bhanwa Devi and the respondents had filed eviction suit as land lord which has been decreed and appeal against which was also dismissed; how could the petitioner be declared to be the owner of the property by the executing court.5. Such an application moved by the petitioner is wholly misconceived and I find there is no illegality or judicial impropriety in passing of the order dated 26.10.2016 by the learned Civil Judge Hanumangarh.6. The submission relating to Order 21 Rule 101 CPC is also wholly misconceived. In the proceeding undertaken by the respondents the competent courts have treated the respondent Om Prakash as landlord while the execution proceedings have been initiated against the tenant. There is no occasion for the executing court to decide title in regard to parties in the proceedings for eviction of a tenant by the landlord. In view thereof the submission of the learned counsel for the petitioner has no merit and deserves to be rejected.In view of aforesaid the writ petition is devoid of merits and is dismissed.Application held rightly dismissed - Writ Petition dismissed.