Ji Mohalla, Beawer (Raj.) vs Smt. Ramkanya Widow Lt. Sh. Gyarasilal Fatehpuria, R/o

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1307/2025 Luv Agarwal S/o Sh. Rajkumar Agarwal, Aged About 31 Years, R/o 12/261, Madan Niwas, Mem Sahab Wali Gali, Gopal Ji Mohalla, Beawer (Raj.) Kush Agarwal S/o Sh. Rajkumar Agarwal, Aged About 28 Years, R/o 12/261, Madan Niwas, Mem Sahab Wali Gali, Gopal Ji Mohalla, Beawer (Raj.) ----Petitioner/Applicants Versus Smt. Ramkanya Widow Lt. Sh. Gyarasilal Fatehpuria, R/o Madan Niwas, H.No. 12/261, Mem Sahab Ki Gali, Gopal Ji Mohalla, Beawer (Deceased). Following LR's Were Taken On Record As Defendants Vide Order Dated 19.01.2006 Passed By Learned Court: Sh. Shyamsundar S/o Lt. Gyarsilal Ji Fatehpuria Sh. Satyaprakash S/o Lt. Gyarsilal Ji Fatehpuria, Both R/o Madan Niwas, H.No. 12/261, Mem Sahab Ki Gali, Gopal Ji Mohalla, Beawer Dist. Ajmer Sh. Kamalkishore S/o Lt. Gyarsilal Ji Fatehpuria, Presently R/o 47, Pundari Park, Taalkatora Near Brahmpuri, Behind Govind Ji Mandir, Post Jaipur Smt. Premlata Sonthliya W/o Sh. Shyambihari Sonthliya D/o Lt. Gyarsilal Ji Fatehpuria, R/o 1760, Cheerakhana(Hardayal Street) Nai Sadak Delhi 06 Smt. Susheela Kanodia W/o Sh. Jagdish Prasad Ji Kanodia D/o Lt. Sh. Gyarsilal Ji Fatehpuria, R/o 45, Kent Tagore Road, Post Kanpur (Uttar Pradesh) Smt. Nirmala Singhal W/o Sh. Gyanprakash Singhal D/o Sh. Gyarsilal Fatehpuria, R/o Heda Gali, Shahpura Mohalla, Beawer ...Proforma Respondents/ Judgment debtor-Non Applicant Sh. Shyamsundar S/o Lt. Gyarsilal Ji Fatehpuria, (Deceased) Following LR's were taken on Record as defendants:- Sh. Rajkumar Agarwal S/o Lt. Sh. Shyamsundar Ji Fatehpuria, R/o Madan Niwas, H.no. 12/261, Mem Sahab Ki Gali, Gopal Ji Mohalla, Beawer Dist. Ajmer (Raj.) Smt. Sunita Agarwal W/o Sh. Shantiswaroop Agarwal D/o Lt.sh. Shyamsundar Ji Fatehpuria, R/o Agarwal Colony, Post Abu Road, Dist. Sirohi (Raj.) Smt. Neelam Agarwal W/o Sh. Krishan Kumar Agarwal D/o Lt. Sh. Shyamsundar Ji Fatehpuria, R/o Riico Colony, Abu Road, Dist. Sirohi Other Address- C/o Agarwal Motors, Near Gurudwara, Abu Road Dist. Sirohi (Raj.) .......Respondents/Judgmentdebtor-Non applicant

3. Sh. Satyaprakash S/o Lt. Gyarsilal Ji Fatehpuria, R/o Madan Niwas, H.no. 12/261, Mem Sahab Ki Gali, Gopal Ji Mohalla, [2025:RJ-JP:4362] (2 of 5) [CW-1307/2025]

8. Beawer Sh. Kamalkishore S/o Lt. Gyarsilal Ji Fatehpuria, Presently R/o Pundari Park, Taalkatora Near Brahmpuri, Behind Govind Ji Mandir, Post Jaipur Sh. Smt. Premlata Sonthliya W/o Sh. Shyambihari Sonthliya D/o R/o 1760, Lt. Cheerakhana(Hardayal Street) Nai Sadak Delhi 06(Deceased) Following are the LR's:- Fatehpuria, Gyarsilal Ji Sh. Rajdeep Sonthliya S/o Sh. Shyam Bihari Sonthliya, R/o 1760, Cheerakhana(Hardayal Street) Nai Sadak Delhi Pin Code 110006- --Son Smt. Deepali Diwan W/o Sh. Shamakant Ji Diwan, R/o 611, Amravati Enclave, Post Panchkula (Haryana) Pin Code 134707-- -Daughter Smt. Susheela Kanodia W/o Sh. Jagdish Prasad Ji Kanodia D/o Lt. Sh. Gyarsilal Fatehpuria, R/o 45, Kent Tagore Road, Post Kanpur (Uttar Pradesh) Smt. Nirmala Singhal W/o Sh. Gyanprakash Singhal D/o Lt. Sh. Gyarsilal Fatehpuria, R/o Heda Gali, Shahpura Mohalla, Beawer (Raj.) ..Proforma Respondents/Judgmentdebtor-Non Applicant Purshottamdas Fatehpuria S/o Lt. Sh. Gyarasilal Fatehpuria, R/o Madan Niwas, H.no. 12/261, Mem Sahab Ki Gali, Gopal Ji Mohalla, Beawer ( Raj.) ----Respondent/Decreeholder-Non-applicant For Petitioner(s) : Ms. Shikha Parnami For Respondent(s) : Mr. Alok Chaturvedi with Mr. Kartik Sharma for respondent No.8-Decreeholer HON'BLE MR. JUSTICE SUDESH BANSAL Order 31/01/2025

1. Heard learned counsel for the petitioners and counsel for the respondent No.8-Plaintiff/ decree holder and perused the material available on record as also the order impugned dated 25.11.2024.

2. By means of instant civil writ petition under Article 227 of the Constitution of India, challenge has been made by the petitioners to the order dated 25.11.2024 passed by the Additional [2025:RJ-JP:4362] (3 of 5) [CW-1307/2025] District Judge No.2, Beawar, District Ajmer in Civil Execution No.34/2018 titled as Purshottamdas Vs. Smt. Ramkanya, dismissing the petitioners' application under Section 151 CPC seeking impleadment as party in the execution proceedings with cost of Rs.2,000/-.

3. Petitioners are claiming themselves to be the legal heirs/ successors of Shri Shyamsundar S/o late Shri Gyarsilal on the basis of 'Will' dated 20.06.2018. Shyamsundar passed away on

20.08.2018. According to the petitioners, in the civil suit for partition filed by the respondent No.8-Purshottamdas, brother of Shyamsundar, preliminary decree was passed on 05.01.2013 and final decree came to be passed on 18.07.2014. It has also been stated that against the final decree, the first appeal has been dismissed by the High Court vide judgment and decree dated 14.07.2017 and the final decree has attained finality, which is an undisputed fact.

4. It has been submitted that during the course of execution proceedings of the final decree for partition dated 18.07.2014, Shyamsundar passed away, hence his share, allocated in the final decree dated 18.07.2014 should be given to the petitioners on the basis of 'Will' dated 20.06.2018 and for such reason, petitioners sought their impleadment in the execution petition.

5. It is not in dispute that in the execution petition, after death of judgment debtor-defendant-Shyamsundar, his natural heirs namely, Shri Rajkumar Agarwal, Smt. Sunita Agarwal and Smt. Neelam Agarwal, being son and two daughters, have been substituted as his natural legal heirs whereas the petitioners, who are the grandsons of deceased, are claiming to be substituted as his legal heirs on the basis of 'Will' dated

20.06.2018. [2025:RJ-JP:4362] (4 of 5) [CW-1307/2025]

6. The petitioners moved an application under Section 151 CPC, seeking their impleadment in the execution petition as legal heirs of deceased Shyamsundar, which has been dismissed by the Executing Court vide order impugned with cost of Rs.2,000/-.

7. Having heard learned counsel for both the parties and from perusal of the record, this Court finds that petitioners are virtually claiming share of Shyamsundar, which has been finalized in the final decree dated 18.07.2014. Petitioners have not assailed the order whereby the natural heirs of deceased Shyamsundar, it means his one son and two daughters named hereinabove, were substituted in the execution proceedings. If petitioners are claiming themselves to be the legal heirs on the basis of 'Will' of Shyamsundar, their claim is virtually against the natural heirs of deceased Shyamsundar. That issue has no nexus with the execution of the final decree dated 18.07.2014, passed in the civil suit for partition filed by the respondent No.8-plaintiff. It is noteworthy that Shyamsundar passed away after passing the final decree & Will is also of subsequent period.

8. This Court is of considered opinion that even if, in the execution of final decree, share of Shyamsundar is allocated to his natural heirs, i.e. his son and two daughters, petitioners are always at liberty to claim that share from them by establishing their legal rights on the basis of 'Will' dated 20.06.2018 allegedly executed by Shyamsundar in their favour. It is hereby observed that any findings/ observations made by the Executing Court in the impugned order, while rejecting application of petitioners' under Section 151 CPC, shall not come in way of the petitioners for claiming their legal rights.

9. With the aforesaid observation, this Court finds that the Executing Court has not committed any illegality much less jurisdictional error in [2025:RJ-JP:4362] (5 of 5) [CW-1307/2025] rejecting the application under Section 151 CPC but as far as imposition of cost of Rs.2,000/- upon the petitioners, same seems to be unwarranted, hence, without interference to the impugned order dated

25.11.2024 on merits, the cost imposed by the Executing Court against the petitioners is waived.

10. Accordingly, the writ petition stands disposed of.

11. Stay application and pending application, if any, also stand disposed of. TN/16 (SUDESH BANSAL),J