1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR ORDER Inder Chand Vs. Shri Motilal & Anr. (S.B. Civil First Appeal No.36/1976) Date of Order :- July 22, 2010 HON'BLE MR. JUSTICE R.S. CHAUHAN Mr.Sagar Mal Mehta, Sr. Advocate, with Mr.Harsh Sharma, for the appellant. Mr.G.K. Garg, for the respondents. An application (25235/2009) under Section 151 CPC has been filed by the respondents-applicant with the prayer for drawing up a decree in terms of the judgment dated 11.08.2006 passed by this Court which was subsequently upheld by the Hon'ble Supreme Court vide its judgment dated 21.07.2009 and for incorporating the directions issued by the Hon'ble Supreme Court vide judgment dated 21st July, 2009. Mr. Sagar Mal Mehta, Senior Advocate and the learned counsel for the appellant-non-applicant, has contended that according to Order 45 Rule 1 CPC, the word “decree” has been defined as “an order passed by the Hon'ble Supreme Court which shall include a final order”. Therefore, according to him, a decree need not be drawn up by this Court. Moreover, according to Order 45 Rule 15 CPC, whenever a party desires to obtain execution of any decree or order passed by the Hon'ble Supreme Court, this Court is empowered to transmit the decree oer order of the Hon'ble Supreme Court to the Court where the first decree appealed from, was prepared. Therefore, he contends that this Court is free to transmit 2 the order of the Hon'ble Supreme Court to the Court which had first prepared the decree which was appealed from namely the learned trial court. Mr. G.K. Garg, the learned counsel for the respondent- applicant, does not have any objection if the order or decree of the Hon'ble Supreme Court were so transferred. Therefore, this Court directs the learned trial court to execute the judgment dated 11.08.2006 passed by this Court as well as the two directions issued by the Hon'ble Supreme Court vide judgment dated 21st July, 2009. With these observations, this application is, hereby, allowed. Meanwhile the executing court before whom an petition has been filed for executing the decree, is directed not to proceed any further on the execution petition No.13/2010. The Registry is directed to return all the original documents submitted by the respondent-applicant along with his rejoinder. In light of the directions so given above, this first appeal stands disposed of. (R.S.CHAUHAN)J. Manoj Solanki-