SANJAY SEHGAL Vs. SHAIL KUMAR DUTTA & OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the order dated 23.02.2017, passed by learned executing court in execution case no. 21 of 2016, Shail Kumar Dutta vs Sanjay Sehgal, as also the order dated 28.02.2017, in RM no. 32 of 2017, Sanjay vs Sahil and others, whereby the court declined to grant the interim order.

(2.) Civil suit filed by the plaintiff-respondent was decreed ex parte against the defendant-petitioner on 11.01.2016. Subsequently, setting aside ex parte application was filed under Order 9 Rule 13 C.P.C. along with delay condonation application under Section 5 of the Limitation Act on 28.02.2017. Simultaneously, the decree was sought to be executed. Petitioner is aggrieved with the executing order for issuing parvana through police force.

(3.) After arguing the writ petition at some length, both the learned counsel agreed that the court should pass the following order while disposing of present writ petition: