ASMA LATEEF Vs. SHABBIR AHMAD

JUDGEMENT

(1.) Respondents 1 to 3 had filed an objection under sec. 47 of the Code of Civil Procedure, 1908 ("CPC", hereafter) in an execution application filed before the Executing Court by the appellants. It was urged, based on the case pleaded therein, that the decree put to execution was inexecutable. The Executing Court, on 19/3/2008, allowed the objections of the respondents 1 to 3, resulting in dismissal of the execution application.

(2.) A revision was carried by the appellants from the order dtd. 19/3/2008 before the Revisional Court which, vide its order dtd. 21/2/2009, dismissed the objection filed by the respondents 1 to 3 and directed the Executing Court to proceed with the execution of the decree whilst treating such objection as non-maintainable.

(3.) The revisional order dtd. 21/2/2009 was challenged by the respondents 1 to 3 in an application under Article 227 of the Constitution (Civil Misc. Writ Petition No. 15236 of 2009) before the High Court of Judicature at Allahabad ("High Court", hereafter). The High Court, by its judgment and order dtd. 4/2/2011, quashed the order passed by the Revisional Court and relegated the parties to the remedy of having their rights, in respect of the suit property, adjudicated by the appropriate forum.