-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.15465 of 2009. Managing Director, Rajasthan Financial Corporation, Jaipur & Anr. VERSUS M/s. Gopal Oil Mill, Gram Panchayat Mandavara (Hindaun) & Others Date of Order :::: April 7th 2010 Hon'ble Mr. Justice Dalip Singh Shri Gopi Chand Garg and Shri Alok Garg, Counsel for the Petitioners-RFC *** By the Court : Heard learned counsel for the petitioners and perused the impugned order. In the writ petition, the petitioners have challenged the impugned order dated 07.09.2009 by which the objections submitted by the petitioners with regard to the executablity of the ex-parte decree have been rejected. The submission of the learned counsel for the petitioners is that the decree is void-ab-initio and wholly without jurisdiction and, therefore, is unexecutable. The submission of the learned counsel for the petitioners is that the decree was passed by the learned trial Court, which is a Court of the Munsif, which has pecuniary jurisdiction of Rs.25,000/- and, therefore, the decree for Rs.40,935/- could not be passed by the learned trial Court. -2- I have heard the learned counsel for the petitioners and considered the aforesaid submissions. I have perused the decree passed by the learned Court below. The decree is in the following terms :- अत: वादपऽ वादी िवरूद्ध ूितवादीगण इस ूकार एक पक्षीय िडबी िकया जाता है िक ूितवादीगण, वादी की ऑयल िमल ूितष्ठान को िहण्डौन नगर पािलका क्षेऽ में िःथत होना नहीं मानते हये वादी को देय अनुदान रािश िनयमानुसार ूदान ु करें। खचार् मुकदमा वादी, ूितवादीगण से ूाप्त करने का अिधकारी है। पचार् िडबी िनयमानुसार बनाया जाकर पऽावली फैसल शुमार होकर बाद तकमील दािखल दफ्तर हो। So far as the decree passed by the learned trial Court is concerned, the learned trial Court has not passed any money decree for the aforesaid amount of Rs.40,935/- and only a decree of permanent injunction in mandatory form has been passed as would be evident from the above quoted decree. It, therefore, can not be said that the Court did not have the pecuniary jurisdiction to pass the decree and the same is void-ab-initio. In view of the above, I find no error in the order of the learned Court below. The writ petition is accordingly dismissed. (Dalip Singh), J. Ashok/