KARODIMAL DECEASED Vs. SOMA DEVI

JUDGEMENT

(1.) By means of present writ petition, petitioners have sought the following reliefs:-

(2.) It is the case of the petitioners that the dispute pertains to immovable property bearing House No. 2083, situated near S.M.J.N. Degree College, Govindpuri, Haridwar. A civil suit in respect of the said property came to be decided in favour of the private respondents by judgement and decree dtd. 7/5/2022. Aggrieved thereby, the petitioners preferred a civil appeal before the First Appellate Court. By order dtd. 20/5/2022, the appellate court admitted the appeal and granted interim protection, subject to the condition that the entire decretal amount be deposited before the executing court. Subsequently, on 16/12/2023, the appellate court vacated the interim order and reiterated the direction for deposit of the decretal amount. Consequent thereto, execution proceedings were initiated. The petitioners submitted that execution notices were not duly served, that recovery proceedings were pressed in haste, and that a restoration application filed in the execution proceedings is still pending. Hence, this writ petition.

(3.) Learned counsel for the petitioners contended that the impugned order vacating interim protection has resulted in grave prejudice to the petitioners, as they are being compelled to deposit the entire decretal amount even though their civil appeal is still pending. It is further argued that the execution proceedings were initiated in a clandestine manner and that the petitioners were deprived of an effective opportunity of hearing. According to the petitioners, the notices in execution were either not served or were manipulated.