RAJENDRA MAROTHI Vs. GAS POINT PETROLEUM & OTHERS

JUDGEMENT

(1.) The petitioner and respondent No. 1 are at logger heads on the question of validity of order dated 20 -02 -2015 (Annexure P/6) passed in Miscellaneous Civil Appeal No.12/13 whereby the order of Executing Court dated 23 -01 -2013 is set aside and the matter is remitted back for re -decision before the Executing Court.

(2.) Draped in brevity, the relevant facts are that the original decree holder was Smt. Gayatri Agrawal. The Civil Suit No. 07 -A/98 was filed against the National Ginni Enterprises. The decree was passed by directing the judgment debtor to provide L.P.G. Gas as per the conditions of the agreement. If the defendants are unable to implement the aforesaid order, in alternatively it was directed that the plaintiff was entitled to get the amount of Rs.2,38,450/ -+ Rs.23,500/ - relating to cost of the gas cylinders and regulators respectively. The judgment debtor did not fulfill the first portion of the order and did not supply the gas cylinders and regulators, hence an execution proceeding was filed. In the said proceeding, it was decided to sell the property of judgment debtor. Accordingly, a declaration was made and property was auctioned and sold on 03 -11 -2011.

(3.) The order of Executing Court shows that in the aforesaid civil suit, an interim order of temporary injunction was passed on 18 -05 -1999 whereby the parties were directed to maintain status -quo.