AALAM ALI KHAN Vs. ANJUL

JUDGEMENT

(1.) Heard Sri Nipun Singh, learned counsel for the petitioners.

(2.) Learned counsel for the petitioners has placed reliance on a decision of the Supreme Court in the case of Brahmdeo Chaudhary Vs. Rishikesh Prasad Jaiswal & another reported in AIR 1997 SC 856 and Mool Chand Yadav and another Vs. Raza Buland Sugar Co. Ltd., reported in 1983 AWC 121 to submit that when an appeal is admitted against an order then an interim protection should be given to the appellant so as to avoid any adverse civil consequences affecting the parties since the impugned order in the appeal is yet to be adjudicated by the Appellate Court.

(3.) Learned counsel states that Execution Case No.18 of 2003 arose out of an appellate decree dated 22.05.2000 passed by the Additional Civil Judge (Sr. Division) Court No.2, Muzaffar Nagar in Civil Appeal No.466 of 1998. According to Sri Nipun Singh, learned counsel for the petitioners, the petitioners were not parties in those proceedings and they filed an application dated 30.05.2013 under Order 21 Rule 97 CPC, however, the said application under Order 21 Rule 97 CPC was rejected by the Executing Court by its order dated 31.07.2013 where against they preferred the instant Appeal No.94 of 2013 and filed an application paper no.7-C for grant of interim relief.