NAURATA RAM Vs. BHAGWANTI

JUDGEMENT

(1.) THIS revision petition is directed against the order of the executing Court dated June 8, 1987, where by it was directed that the decree-holder who is a party before the Supreme Court should get a clarification to the effect that the order passed by the Supreme Court staying the ejectment does not operate as res judicate qua the subsequent order passed by the High Court in the revision petition.

(2.) THE learned counsel for the petitioner submitted that earlier, the landlord petitioner filed as ejectment application in which ejectment order was passed but the tenant had gone to the Supreme Court where the matter is still pending and therein dispossession was stayed. Subsequent thereto the landlord moved another ejectment application which was allowed by the High Court. In execution of the said decree, the landlord sought ejectment which the executing Court declined because of the earlier Supreme Court order passed in the earlier ejectment application.

(3.) THE view taken by the executing Court is wholly wrong and erroneous. The order passed by the Supreme Court in the earlier ejectment application does not operate res judicate qua the second ejectment application which is altogether an independent proceeding. Consequently, this sevision petition succeeds. The impugned order is set aside and the executing Court is directed to proceed with execution in accordance with law The petitioner has been directed to appear before the executing Court on June 13, 1990.