Allowed

Amjad Hussain v. Harish Kumar

Rajasthan HC28 Aug 2024CW/13942/2024

Case brief

AI extract

What is this about?

The High Court, in a writ petition, quashed an order rejecting an execution petition because a compromise deed lacked the signature of Defendant No. 2's counsel. The court directed the decree holder to apply for deleting Defendant No. 2's name to proceed with execution against Defendant No. 1.

What did the court decide?

The order dated 03.08.2024 rejecting the execution petition is quashed and set aside. Direction given to the decree holder to move for deletion of Defendant No. 2's name and proceed with execution aga

Amjad Hussain Vs Harish Kumar — Execution and Attachment | Rajasthan HC (2024)

¶1

[2024:RJ-JD:35477]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 13942/2024

¶4

Amjad Hussain S/o Shri Anwar Hussain, Aged About 43 Years, R/o Chhavni, Sheoganj, District Sirohi.

¶5

Imran Hussain S/o Shri Anwar Hussain, Aged About 42 Years, R/o Chhavni, Sheoganj, District Sirohi.

¶6

----Petitioners

¶7

Versus

¶8

Harish Kumar S/o Shri Gomaji, R/o Mandori Colony, Sheoganj, District Sirohi. Proprietor Of M/s Harish Kumar Mangilal, A-2, Sabji Mandi, Krishi Upaj Mandi - Sheoganj, District Sirohi.

¶9

Krishi Upaj Mandi Samiti, Sumerpur, District Pali. Through Its Secretary.

¶10

PERFORMA RESPONDENTS:

¶11

Suraiya Banu W/o Late Shri Anwar Hussain, R/o Sheoganj, District Sirohi.

¶12

Salma Banu D/o Late Shri Anwar Hussain And W/o Shri Nasarudeen Ji, R/o Shani, Maharaj Ki Gali, Sheoganj, District Sirohi.

¶13

Nazma Banu D/o Late Shri Anwar Hussain And W/o Shri Javed Hussain, R/o Shani, Maharaj Ki Gali, Sheoganj, District Sirohi.

¶14

Ajum Banu D/o Late Shri Anuwar Hussain And W/o Shri Ayub Khan, R/o Chandmari, Abu Road, District Sirohi.

¶15

----Respondents

¶16

For Petitioner(s) : Mr. Rakesh Arora

¶17

HON'BLE MS. JUSTICE REKHA BORANA

¶18

Order

¶19

28/08/2024

¶20

The present writ petition has been preferred against the order dated 03.08.2024 (Annexure-11) passed by the Additional District Judge, Sirohi in Execution Petition No.08/2019 whereby

[2024:RJ-JD:35477]

[CW-13942/2024]

(2 of 3)

the execution petition as preferred by the decree holder has been rejected.

¶25

The execution petition has been rejected on the ground that the compromise deed on basis of which the decree was passed, did not bear the signatures of either any representative of, or counsel for defendant No.2 Krishi Upaj Mandi Samiti.

¶26

Learned counsel for the petitioners submits that the compromise as entered was between the plaintiff and defendant No.1 and no clause in the compromise pertained to defendant No.2 Krishi Upaj Mandi Samiti. Therefore, the execution of the decree effectively was prayed against defendant No.1 only. Nonsignature of defendant No.2 on the compromise would even otherwise be of no effect as no relief in the execution petition has been prayed for against defendant No.2.

¶27

After arguing for some time, learned counsel for the petitioners, on instructions, submits that he is ready to delete the name of defendant No.2 from the execution petition. 5. In view of the submissions made and in view of the fact that the decree holder is ready to delete the name of defendant No.2 from the execution petition, the order dated 03.08.2024 (Annexure-11) is hereby quashed and set aside. The present writ petition is disposed of with a direction to the decree holder to move an appropriate application before the learned Executing Court for deletion of the name of defendant No.2 from the execution petition. The learned Executing Court would pass appropriate orders for deletion of the name of defendant No.2 and then proceed with the execution proceedings in accordance with law after effecting service on defendant No.1, de novo .

[2024:RJ-JD:35477]

[CW-13942/2024]

(3 of 3)

Stay petition and all pending applications, if any, stand

¶32

disposed of .

¶33

(REKHA BORANA),J

¶34

35-KashishS/-

Amjad Hussain v. Harish Kumar

Case brief

What is this about?

What did the court decide?

Amjad Hussain v. Harish Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Riddhi Siddhi Filing Station Vs the State of Rajasthan

Kamaljeet Kaur Vs State of Rajasthan

Mahendra Singh Vs State of Rajasthan

M/S R.K. Transport Company Vs Uttari Rajasthan Sahakari Dugdh Utpadak Sangh Limited

Mangilal Vs State and Ors.

The New India Assurance Co. Ltd. Vs Comm. Workmens Compensation Udaipur Ando.