Jagdamba Grih Nirman Sahakari Samiti Ltd. v. Jodhan Real Estate Development Co. Pvt. Ltd.
2019-05-13
PUSHPENDRA SINGH BHATI
body2019
DigiLaw.ai
JUDGMENT 1. The petitioner has preferred the present writ petition seeking the following prayer:- "It is, therefore, respectfully prayed that this petition for writ in the nature of certiorari may kindly be allowed and by any other appropriate writ, order or direction: 1. The impugned order dated 07.03.2018 (Annex.13) passed by learned Additional District Judge No. 3, Jodhpur Metropolitan, Jodhpur, may kindly be quashed and set aside and the learned executing court may be directed to decide the application and stay application as also application for recalling/setting aside of the order dated 19.01.2018 (Annex.8) most expeditiously without any hindrance whatsoever." 2. At the outset, learned counsel for the petitioner submits that the petitioners application (Annex.9) filed against the exparte order dated 19.1.2018 is pending for adjudication and without such adjudication, the Court may not proceed with the order already passed on 19.1.2018. Learned counsel for the petitioner thus prays that the Court below be directed to decide the same strictly in accordance with law. 3. Learned counsel for the respondent do not oppose to the adjudication of the application (Annex.9) on merits. 4. In light of above, the present writ petition is disposed of and the learned Court below is directed to decide the application (Annex.9) within a period of 60 days from the date of receipt of copy of this order by passing a speaking order, strictly in accordance with law. The order dated 19.1.2018 shall not be executed wherever opposed by the petitioner till such adjudication. All the parties shall be free to take recourse in the proceedings strictly in accordance with law. 5. Stay Petition No. 4219/2018 also stands disposed of accordingly.