NARAIN DAS ALIAS BHAIYA MAHARAJ Vs. GANGA RAM

JUDGEMENT

(1.) THE petitioners have preferred this writ petition against the order dt. 03.01.2011 whereby the learned Civil Judge (Junior Division) Bikaner (hereinafter referred to as 'the executing Court') impleaded the petitioners as non -applicants in the place of late Shri Punamdas and allowed the respondents No. 1 to 3 to submit amended execution application. Brief facts of the case are that execution proceedings is pending before the executing Court for execution of decree dt. 13.12.1972 passed in Civil Suit No. 390/1971 by the Munsif Bikaner.

(2.) THE only contention raised by the learned counsel for the petitioners that the learned executing Court without taking into consideration the fact that the respondents No. 1 to 3 were never appointed as trustees of the Raghunathji Temple Trust, Bikaner at any point of time as per the provisions of Rajasthan Public Trust Act 1959 and, therefore, they had no right to get the decree in question executed. It is also contended by learned counsel for the petitioners that the learned trial Court, without examining the fact that whether the respondents No. 1 to 3 are validly appointed trustees, passed the order dt. 03.01.2011 in illegal manner and, therefore, the said order is liable to be quashed and set aside.

(3.) THE learned counsel for the respondents has further contended that the learned executing Court has taken into consideration the order dt. 15.10.1999 passed by the Assistant Commissioner, Bikaner and has rightly passed the order dt. 03.01.2011 and, therefore, no interference is called for in this writ petition and the same is liable to be dismissed.