High CourtsSingle Bench(2013) 05 RAJ CK 0021

Kesa Ram vs RSRTC and Others

Rajasthan High Court · Decided on 1 May 2013 · Citation: (2013) 3 WLN 237

HON’BLE JUDGES
Gopal Krishan Vyas, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 6238 of 2008

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Judgment

3 paragraphs · 204 words

Gopal Krishan Vyas, J.—In this writ petition filed under Article 227 of the Constitution of India, the petitioner has prayed for quashing the impugned order dt. 23.7.2008 passed by Addl. District Judge (Fast Track), Sirohi whereby an application filed by the petitioner in the execution proceedings initiated by the respondent was rejected. It is submitted that petitioner is tenant in the premises in question, therefore, the attachment order cannot be issued because property in question is in possession of the petitioner.

2.

The trial Court after taking into consideration entire facts of the case and the fact that photostat copy of the rent deed dt. 30.6.2006 has been placed on record which shows that rent deed is executed after passing of attachment order dt. 08.04.2006, therefore, the application is hereby rejected.

3.

Learned counsel for respondent submits that when rent deed itself was executed after passing the attachment order in execution proceedings then obviously, no right is created in favor of the petitioner to raise any objection in the execution proceedings, therefore, no error has been committed by the trial Court. In view of above facts, this Court is not inclined to interfere in the order impugned. Hence, this writ petition is hereby dismissed.