SHRIMATI ARJUN GHAWAL Vs. GANESH ARJUN GHATWAL

JUDGEMENT

(1.) HEARD. Rule. By consent the rule is made returnable forthwith.

(2.) THE learned Senior Counsel for the respondents has fairly conceded that the question of proceeding under Order 21, Rule 41 of C.P.C. in the matter does not arise. However, the respondents will have right to raise objections as regards the extent of their liability in respect of the decretal amount. It is not necessary to go into the said issue at this stage. Suffice it to observe that the impugned order cannot be sustained and, therefore, by consent the same is set aside and the matter is remanded to the Executing Court to deal with the application filed by the petitioner on 22.11.2004, in accordance with the provisions of law. Rule is made absolute, accordingly, with no order as to costs.