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RATANARAM v GIRDHARIRAM & ORS. - CW Case No. 442 of 2005 [2005] RD-RJ 185 (20 January 2005)

S.B.Civil Writ Petition NO.442/2005

Ratanaram vs

Girdhariram & Ors.

DATE OF ORDER : - 20.1.2005


Mr. D.K.Gaur, for the petitioner.

Heard learned counsel for the petitioner.

The petitioner is aggrieved against the order dated 11.12.2004 by which the trial court instead of passing any order in execution petition for appointing any Commissioner to open the way as decreed by the trial court decided to hold enquiry about the certain facts, which are necessary before passing any order as the decree-holder earlier submitted an execution petition in which the directions were issue to the Tehsildar, Degana to open the way, which according to decree- holder was opened, but subsequently, it was again closed and, therefore, the decree-holder moved execution petition again.

Since this is a matter of procedure to be adopted by the executing court for passing appropriate order and the executing court decided to passed order after evidence, I do not find any illegality in the impugned order in the facts of this case. However, since it is a matter relating to the way, therefore, the executing court is expected to decide the matter expeditiously as early as possible.

In view of the above, the writ petition of the petitioner is disposed of with a direction to the executing court.

(Prakash Tatia), J. c.p.goyal/-


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