This bench dismissed a writ petition challenging an Executing Court order directed recording of applicant evidence. The court held the Executing Court has sole discretion to determine property questions via Order 21 Rule 101 CPC without assigning reasons.
Writ petition dismissed. Executing Court directed to expedite proceedings. Stay petition disposed of.
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[2024:RJ-JD:32073]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 11828/2024
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. D.L.R. Vyas
HON'BLE MS. JUSTICE REKHA BORANA
Order
02/08/2024
[2024:RJ-JD:32073]
[CW-11828/2024]
(2 of 2)
(REKHA BORANA),J
262-T.Singh/-
2 issues framed by the court
Whether the Executing Court under Order 21 Rule 101 CPC is required to assign reasons for recording evidence of an objector in a revision proceeding.
Whether the Executing Court's order directing recording of evidence without assigning reasons warrants interference in a writ petition.
1 provisions across 1 enactments
Lrs Of Khaleel Ahmed Through Mohammad Kaleem
Deepak Modi
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
