Rajasthan High Court
CW/1974/2025 of RAMBABU S/O TIKA RAM Vs STATE OF RAJASTHAN on 12 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1974/2025 CNR: RJHC020072962025 | URN: CW / 5323U / 2025 1 Rambabu S/o Tika Ram, Resident Of - Roopbas Town, District- Bharatpur, Rajasthan. 2 Laxmi Narain S/o Tika Ram, Resident Of - Roopbas Town, District- Bharatpur,
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1974/2025
CNR: RJHC020072962025 | URN: CW / 5323U / 2025
Rambabu S/o Tika Ram, Resident Of - Roopbas Town, District- Bharatpur, Rajasthan.
Laxmi Narain S/o Tika Ram, Resident Of - Roopbas Town, District- Bharatpur, Rajasthan.
----Petitioners
Versus
State Of Rajasthan, Through Secretary, Public Works Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
District Collector, Bharatpur, Rajasthan.
Secretary, Department Of Health, Government Of Rajasthan, Secretariat, Jaipur, Raj.
Chief Medical Officer, Bharatpur, Rajasthan.
Executive Engineer, Public Works Department, Bhawan And Path, Bharatpur, Rajasthan.
----Respondents
For Petitioner(s)
:
Mr. Devendra Kumar Mishra
For Respondent(s)
:
Mr. Archit Bohra, AGC
Mr. Abhishek Paliwal
Ms. Anjum Parveen for
Mr. Dheeraj Tripathi
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
12/08/2026
1. Instant Civil Writ Petition has been filed by petitioner under Article 227 of the Constitution of India, assailing the order dated 10.01.2025 passed by Civil Judge & Judicial Magistrate Roopbas, District Bharatpur, dismissing petitioners' application bearing 2/2025 filed under Section 151 CPC during course of pendency of his execution petition bearing No.1/2025 filed under Order 21 Rule 32 CPC.
(2 of 3) [CW-1974/2025]
2. Heard counsel for both parties and perused the record including the impugned order.
3. It appears that a civil suit for permanent injunction in respect of the land of Khasra No.1050 measuring 1 Bigha 4 Biswa situated at Roopbas town, Tehsil Roopbas, District Bharatpur was instituted by the petitioners which was initially dismissed by the trial Court vide judgment dated 05.10.1993 whereagainst first appeal was filed. In the first appeal vide judgment dated 07.11.2008, petitioners' suit was decreed in following terms: "
अतःअपीलअपीलार्थीगण/
वादीगणीकारकीजाकरविानअधीन ायालय
ारापारितआेपितनिर्णयएवंडि!ीदिनांक5.10.93
अपा" किएजातेह$।
&'र्थीगण/
&तिवादीगणकोजरियेाईनिषेधा+ापाब- कियाजाताहैकिवे अपीलार्थीगण/
वादीगणकेवाद/" भूख3 वर्णित!म1
वादप5 जोआराजीखसरानं. 1050
रकबा1
बीघा4
बिावाकेमोजाक8ावतहसील9पबासकाभागहै,
म: कोईमदाखलतव
महाहमतनहींकर:गे,
कोईतामीरकिसी&कारकीनहींकर: नहीकरावे।अपीलार्थीगण/ वादीगण &'र्थी/
&तिवादीगणसेखर्चामुकदमाभी&ा= कर:गे।इसी&कारडि!ीपर्चामूर्तिवकियाजावे।"
4. It appears that thereafter petitioners have filed an application under Order 21 Rule 32 CPC before the Executing Court alleging disobedience of the injunction order passed in their favour and that application is pending for final adjudication.
5. It appears that during course of pendency of application under Order 21 Rule 32 CPC, petitioners filed an application under Section 151 CPC stating inter alia that respondents are raising construction over the land of Khasra No.1050. On that application, in the reply, respondents pointed out that construction is being raised on the land of Khasra No.1049. Learned trial Court in the order impugned dated 10.01.2025 has observed that petitioners are not able to establish that the construction is being raised over the land of Khasra No.1050. It was further observed that the main application under Order 21 Rule 32 CPC, for implementation of the decree dated 07.11.2008, is pending wherein if it is found that
(3 of 3) [CW-1974/2025] any construction over the land of Khasra no.1050 has been made, the Court may pass appropriate orders. With such observations, application under Section 151 CPC has been dismissed.
6. In the considered opinion of this Court, the Executing Court has rightly dismissed the application under Section 151 CPC since on the miscellaneous application, it is not possible for the Court to identify that the construction by the respondents is being raised on the land of Khasra No.1050 or Khasra No. 1049. Producing the photographs are of no significance to identify the Khasra number of land. Indisputably, petitioners cannot claim their right in excess to the decree, passed in their favour, which is confined to the land of Khasra No.1050 measuring 1 Bigha 4 Biswa.
7. As a result, instant writ petition is hereby dismissed.
8. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J 78/RONAK JAIMAN