MOHANLAL GOWARDHAN BAID Vs. KHANDELWAL BROTHERS LIMITED

JUDGEMENT

(1.) HEARD both the sides.

(2.) ADMIT. By consent of the learned Counsel for the parties, the appeal is taken up for hearing forthwith.

(3.) THE appellants filed Special Civil Suit No. 1297 of 1997 against the respondent and against one Rajiv Khandelwal for the recovery of money and it is common ground that on 3rd January, 2000, the suit came to be decreed by the learned 3rd Joint Civil Judge, Senior Division, Nagpur. The decree of the trial Court was an ex parte decree in the amount of Rs. 5,08,530/- inclusive of interest. The appellants instituted Special Darkhast No. 268 of 2001 against the judgment-debtors. The respondent, who is one of the judgment-debtors, has now instituted Special Civil Suit No. 862 of 2001 against the appellants for setting aside the decree, which has been obtained in Special Civil Suit No. 1297 of 1997. In the said suit, an application for temporary injunction was moved vide Exhibit 5 for an order restraining the appellants from taking steps in the execution proceedings, being Special Darkhast No. 268 of 1991 arising out of Special Civil Suit No. 1297 of 1997 pending before the learned 3rd Joint Civil Judge, Senior Division, Nagpur. By the impugned order dated 28th January, 2002, the learned trial Judge allowed the application for temporary injunction and restrained the appellants from executing the decree passed by the Court in Special Civil Suit No. 1297 of 1997.