ARUN BHANSALI,J. - (1.) This appeal filed under Order 43, Rule 1 CPC is directed against the order dated 29/3/2005 passed by the Addl. District Judge No.2, Jodhpur, ('the Executing Court') whereby, the applications filed by the appellant under section 152 CPC and Order 21, Rule 58 CPC were rejected.
(2.) A money decree dated 16/10/1989 was passed by the court of Addl. District Judge No.6, Jaipur City in Civil Original Suit No.94/89 (129/76) filed by Smt. Nirmala Mehta against Inder Singh Jain and others, wherein, on account of death of Inder Singh Jain during the pendency of the suit, his legal representatives 1/1 to 1/9 were brought on record.
(3.) The execution proceedings pertaining to the decree dated 16/10/1989 were transferred by the court at Jaipur vide its Transfer Certificate dated 5/10/1991 to the court of District Judge, Jodhpur, which was transferred to the court of Addl. District Judge No.2, Jodhpur and was registered as Execution Case No.19/98. During the pendency of the execution proceedings, a property situated at Sojati Gate, Jodhpur was ordered to be auctioned and after three attempts made in this regard, the auction proceedings were concluded before the Executing Court on 13/12/2004, wherein, the property in question was auctioned for a sum of Rs. 23,11,000/- in favour of Smt. Saroj and Sudesh Ruthia.;