1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.11204/2010 Maharaja Surajmal Education Society & Anr. vs. Dr. Shri Bhagwan Sharma & Anr. Date of order : 6/12/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjay Sharma for the petitioners. Shri S.P. Sharma for the respondent. ****** This writ petition has been filed by the petitioner with the prayer that the Executing Court be directed to decide application dated 1.12.2008 in view of its observations dated 1.4.2005. Shri Sanjay Sharma, learned counsel for the petitioners submits that in its earlier order, the Executing Court had observed that so far as the period for which the respondent was shown to have been working at two places, the proportionate adjustment shall be given against the decreetal amount. Shri S.P. Sharma, learned counsel for the respondents submits that a similar application made by the petitioners was rejected by order dated 14.12.2004 because the petitioner was not able to produce any evidence. Learned counsel cited the judgement of Supreme Court in Barkat Ali & Anr. vs. Badri Narain (Dead) by LRs.-(2008) 4 SCC 615 to say that since an objection was raised at the first instance, another similar objection could not be raised and in 2 fact this plea was raised by the petitioners before the learned Tribunal, which was not accepted on the principle of res judicata, therefore, it is not open to the petitioners to raise such objections. Having regard to the facts, this writ petition is disposed of directing the Executing Court to decide the matter and ensure execution of decree at the earliest because the Tribunal's order is passed on 7.11.2003. The Executing Court may in this behalf consider any document or proof, which the petitioners may produce to prove so, but it should not be a reason to unnecessarily prolong the proceedings any further. The application moved by either of the parties, which may delay execution proceedings, may not be entertained. The final execution be ensured within two months from the date copy of this order is produced before the Executing Court. (MOHAMMAD RAFIQ), J. RS/-