// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6050/2008 Aslam S/o Shri Shafiq Ahmed Versus The District & Sessions Judge, Sawai Madhopur and Others Date of Order ::: 07.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Rajneesh Gupta, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. Plaintiff late Sawai Singh filed a suit for specific performance against defendant Badri in respect of disputed piece of land bearing Khasra No.138/1. The suit was decreed. The decree-holder filed an application for execution of the decree and in that execution petition the present petitioner Aslam filed an objection petition contending therein that the disputed piece of land is a part of his agriculture land bearing Khasra No.141/3. The objection petition was tried as a suit and after framing issues and adducing evidence the objection petition was dismissed by the executing court by a detailed order dated 8th January, 2008. Being aggrieved with the same, an appeal was preferred by the // 2 // objector petitioner in the first appellate court along-with an application for stay. The first appellate court has already issued notice of the appeal as well as stay petition to the decree- holder. During the pendency of stay application the petitioner prayed for interim stay order which was refused by the first appellate court vide order dated 22nd February, 2008. The said order is under challenge in this writ petition filed on behalf of the petitioner. I have considered the submissions of learned counsel for the petitioner and also the impugned order as well as annexed documents including the order dated 8th January, 2008 rejecting the objection-petition of the petitioner and, after considering the same, I do not find any illegality, perversity or jurisdictional error in the order dated 22nd February, 2008 so as to interfere with the same. There is no merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//