HARYANA URBAN DEVELOPMENT AUTHORITY Vs. PHIRAYA LAL KHANDUJA

JUDGEMENT

(1.) This revision petition has arisen out of an order dated 25.08.2010 passed by the Civil Judge (Senior Division), Kaithal [for short "Executing Court"] by which an application filed by the Petitioners to adjourn the Execution Application No. 36 of 2005 titled as 'Phiraya Lal Khanduja and Ors. v. Haryana Urban Development Authority and Ors.' sine die, has been dismissed and warrant of arrest has been issued against the Administrator, Haryana Urban Development Authority [for short "HUDA"] and the Estate Officer, HUDA, Kaithal for 16.10.2010.

(2.) It is worthwhile to mention that this revision petition was adjourned on the first date of hearing to 07.10.2010 on the request of learned Counsel for the Petitioners as he wanted to place on record zimni orders passed by the learned Executing Court. On 12.10.2010, the zimni orders were placed on record through CM No. 26432-CII of 2010. On the said date, learned Counsel for the Petitioners had informed the Court that the judgment and decree, which are being sought to be executed by the Respondents/decree-holders, are already under challenge before this Court in RSA No. 4537 of 2009. Hence, on 12.10.2010, Registry of this Court was directed to attach the record of RSA No. 4537 of 2009.

(3.) Shri Siddharth Batra, learned Counsel appearing on behalf of the Petitioners, has submitted that even if the judgment and decree of the Courts below have not been stayed by this Court in the RSA and the execution application is not adjourned sine die, learned Executing Court had no jurisdiction to order for issuance of warrant of arrest of the Administrator, HUDA and the Estate Officer, HUDA, Kaithal. In this regard, it is submitted that firstly the Administrator, HUDA is not a party to the lis and secondly the power of arrest should be exercised as a last resort. In this regard, he has relied upon an unreported judgment of this Court in Civil Revision No. 807 of 2010 titled as 'Chief Administrator, HUDA v. Nafe Singh and Ors.' decided on 05.02.2010 and a Single Bench judgment of the Andhra Pradesh High Court in the case of Koya Ranga Reddy and Ors. v. Koya Narayana Reddy and Ors.,2007 5 RecCivR 692.