CUTLARY HOUSE Vs. KAMRUDDIN

JUDGEMENT

(1.) Heard Shri S. L. Pamecha, learned counsel for the petitioners on the question of admission.

(2.) This is a petition under Art. 227 of the Constitution of India challenging an order passed by VIIth Addl. District Judge, Indore dismissing a revision application filed before him by the petitioner against refusal of the executing court to stay the proceeding of execution pending disposal of an application under O. 21, R. 2 of the Civil P.C. filed by the Judgement-Debtor/petitioner.

(3.) The petitioners were tenants in a house No. 147, Ranipura Main Road, Indore. A decree for ejectment was passed against them in favour of respondents. This decree was maintained till the Supreme Court. In the execution of that decree on 14-10-1991 an application under O. 21, R. 2 of the Code was moved. On 20-1-1991 the application was rejected. A civil revision was filed against that order and the revisional court allowing the revision directed that an inquiry should be held in the allegations contained in application under O. 21, R. 2 of the Code. Against that order a writ petition is pending in this Court. The petitioner moved an application in the execution case that till the disposal of the application under O. 21, R. 2 of the Code further proceedings in execution proceedings be stayed. The executing court dismissed the application and against that order the petitioners filed a revision application before the District Court. The District Court relying on a decision of this court in Govindlal v. General Radio and Electric Co., 1991 (2) MPJR 197, dismissed the revision. The petitioners have now come up before this court.