Dismissed
Ramesh Chand Sharma and Ors. v. Smt Madhvi Ahluwalia and Ors.
Rajasthan HCCW/8258/2017
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
ORDER
S.B. Civil Writ Petition No.8258/2017
----Petitioners
Versus
1(1) . Vimal Kumar Gupta
1(2). Radheyshyam Gupta
1(3). Sunil Kumar Gupta
1(4). Pradeep Kumar Gupta,
Sons of Late Shri Sohanlal Gupta, Resident of 3-A, National Library Avenue Alipore, Kolkatta-700 027
1(5). Smt. Krishna Kedia Daughter of Late Shri Sohanlal Gupta, Wife of Ravindra Kumar Kedia, Sardar Patel Nagar, Jaipur, Rajasthan
1(6). Alka Jain Daughter of Sohanlal, Wife of Surendra Kumar Jain, Resident of Mansarovar Building 3B- Kemak Street, IVth Floor, Kolkatta.
2(1). Alok Gupta
2(2). Anil Gupta
2(3). Anoop Gupta,
Sons of Niranjan Lal
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2(4). Kamla Devi Gupta Wife of Niranjan Lal, Resident of Mittal Sadan, Shyamla Nagar Extension, Guntur City, Andhra Pradesh
3(1). Ashok Kumar Gupta
3(2). Indra Kumar Gupta
3(3). Suresh Kumar Gupta
3(4). Pramod Kumar Gupta Sons of Late Shri Motilal
3(5). Smt. Kapoori Devi Gupta Wife of Late Shri Motilal Gupta, Resident of 3- A, National Library Avenue, Alipore, Kolkatta
3(6). Smt. Reeta Agarwal Daughter of Motilal Gupta, Resident of J-143, People Cooperative Colony, Kakar Bagh, Patna.
3(7). Smt. Anju Dhanawat Daughter of Motilal Gupta, Resident of M/s Ghewarchand Kamalkumar, Mal Godam, Katak - 753 003.
4(1). Brijmohan Gupta Son of Late Shri Dulichand Gupta
4(2). Smt. Padma Devi Gupta Wife of Brijmohan, Resident of 50, Mills Area, Fazalgunj, Kanpur.
5(1). Kailash Chandra Gupta
5(2). Vinod Kumar Gupta
5(3). Arun Kumar Gupta Sons of Late Shrilal Gupta
5(4). Maya Devi Gupta
5(5). Bimla Devi Loharwala
5(6). Smt. Pushpa Devi Gupta
5(7). Smt. Manjula Devi Gupta, Resident of Niharika No. 17/1-C, Airport Road, Kolkatta
6(1). Smt. Asha Devi Gupta
6(2). Om Prakash Gupta
6(3). Kamal Kumar Gupta
6(4). Prem Kumar Gupta, Residents of No. 15-A, Raja Santosh Road, Kolkatta.
8(1). Ghanshyam Das Gupta
8(2). Smt. Renu Gupta, Residents of 116, Krishna Colony, Coimbatore-641 005.
9(1). Hari Prasad Gupta
9(2). Smt. Shakuntala Devi Gupta, Residents of 3-C, National Library Avneue, Alipore, Kolkatta
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10(1). Banwari Lal Gupta
10(2). Smt. Vidhya Devi Gupta, Residents of B-374, Friends Colony, New Delhi
12(1). Anil Kumar Sharma Son of Late Shri Ratan Lal Sharma
12(2). Atul Kumar Sharma Son of Late Shri Ratan Lal Sharma
12(3). Reeta Sharma Wife of Late Shri Anoop Kumar Sharma
12(4). Arun Kumar Sharma, Residents of 9/1, Arya Nagar, Nawabgunj Road, Kanpur
15(1). Diwakar Jai Sharma
15(2). Gautam Jai Sharma
15(3). Vikram Jai Sharma, Sons of Late Shri Hari Prasad Sharma
15(4). Smt. Shanti Devi Wife of Late Shri Hari Prasad Sharma, Residents of 1319, Ward No. 11, Matoor Road, Khairthal, District Alwar
16(1). Smt. Aruna Devi Sharma Wife of Late Shri Rajkumar Sharma
16(2). Prashant Sharma Son of Late Shri Rajkumar Sharma, Resident of Gurgchaka, Post Nangal Saliya, District Alwar (raj.)
16(3). Shipra Sharma Daughter of Late Shri Rajkumar Sharma, Resident of House No. 223, Pratap Nagar Housing Society, Vashishtha Nagar, Jaipur (raj.)
17(1). Smt. Sushila Sharma Wife of Late Shri Sushil Kumar Sharma
17(2). Sharad Sharma Son of Late Shri Sushil Kumar Sharma, Residnet of Flat No. 101, Tower No. 111, Sector-55, Gurgaon, Haryana.
----Respondents
Date of Order:
October 30, 2017.
PRESENT
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HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Manoj Bhardwaj, for the petitioners. Mr. M.M. Ranjan, Senior Advocate with Mr. Dhanna Ram, for respondents.
BY THE COURT :
Counsel for the parties agree that the impugned order dated 4- 2-2017 may be modified as under:
(i) The Executing court shall be free to conduct an enquiry for
execution of the award dated 29-6-1976 in respect of khasra Nos.2329, 2330, 2331, 2338, 2332, 2333, 2335, 2303, 2320, 2345,
2314, 2344, 2343, 2359, 2337 and 2339 situated at chaknasrabad near Khairthal Tehsil Kishangarhbas and khasra Nos. 388, 389 and 397 situated at Dantla Mandi, Tehsil Mundawar District Alwar and
to ascertain as to whether the aforesaid khasras form part of the
executable decree following the award in question.
(ii) The attachment of the aforesaid khasras under the impugned
order dated 4-2-2017 shall however stand set aside. The petitioners
shall however not alienate the said properties.
(iii) In the event the property in the aforesaid khasra numbers in
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issue leased out/ rented out by the petitioners, they shall keep
accounts of the rents/ profits received and in the event of the khasras
being found to be covered under the award dated 29-6-1976, the
petitioners shall be liable to make good the amounts received therefrom to the respondents.
(iv) The Executing court is directed to complete the enquiry with
regard to aforesaid khasras being or not being part of the award dated 29-6-1976 executable decree following, within a period of six
months from today.
The petition stands disposed of accordingly.
(Alok Sharma), J.
arn/
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All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.
Ramesh Chand Sharma
Asha Sharma
Girish Chand Sharma
Rekha Sharma
Smt. Madhvi Ahluwalia
Allok Sharma
As recorded by the court registry
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