Dismissed

Dudesh Kumar v. Jayantilal

Rajasthan HC20 Sept 2024CW/11843/2024

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging the rejection of an application under Order 37 CPC. The executing court found that notices were refused by the petitioner and deemed service was complete due to restraint from affixing notices. The petition was dismissed as no grounds for interference were found.

What did the court decide?

Writ petition dismissed; stay petition and other pending applications disposed of.

Dudesh Kumar Vs Jayantilal — Execution and Attachment | Rajasthan HC (2024)

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[2024:RJ-JD:38927]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 11843/2024

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Dudesh Kumar S/o Shri Gomaji, Aged About 54 Years, R/o - Ahore, Tehsil- Ahore, District- Jalore.

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----Petitioner

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Versus

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Jayantilal S/o Shri Adringaramji, R/o- Ahore, Tehsil- Ahore, District Jalore.

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----Respondent

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For Petitioner(s) : Mr. Manohar Singh

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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20/09/2024

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The present petition has been preferred against the order dated 20.05.2024 passed by the District Judge, Jalore in Civil Misc. Case No.6/2024 whereby the application under Order 37 Rules 4 & 7, CPC as preferred on behalf of the judgment debtor, has been rejected.

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After hearing learned counsel for the petitioner and perusing the order impugned, this Court does not find any ground to interfere with the same.

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Learned Executing Court has specifically observed and reached to a finding that the notice in terms of Section 37(2) of CPC was issued to the petitioner on 28.02.2011 and as per the report dated 09.03.2011 of the process server, petitioner refused to accept the same and further, restrained him from affixing the same on his residential house. Hence, statement of two witnesses were recorded.

(2 of 2)

[2024:RJ-JD:38927]

[CW-11843/2024]

The second notice dated 06.04.2011 was also refused to be accepted by the wife of the petitioner. Further, the registered notice dated 12.05.2011 was also refused to be accepted and hence, service was deemed to be complete.

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Further, this Court cannot be oblivious of the fact that the judgment and decree in question is of 30.05.2011 and the execution of the same is pending till the year 2024.

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In view of the above facts, the order impugned does not deserve any interference and the writ petition is hence, dismissed .

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Stay petition and all pending applications, if any, stand disposed of .

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(REKHA BORANA),J

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2-T.Singh/-

Dudesh Kumar v. Jayantilal

Case brief

What is this about?

What did the court decide?

Dudesh Kumar v. Jayantilal

Case brief

What is this about?

What did the court decide?

What the court decided

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