SURJAN SINGH (DEAD) Vs. SWARAN LATA (DEAD)

JUDGEMENT

(1.) Petition herein is under Article 227 of Constitution of India seeking setting aside the impugned order dtd. 10/2/2020 (Annexure P-6) passed by learned Civil Judge (Jr. Divn.) Dasuya vide which application filed by the petitioners/Judgment debtors seeking permission to file reply to the application of decree holder/contesting respondents for restoration of their execution petition, has been dismissed.

(2.) I have heard learned counsel for the petitioner and gone through the case file. I am of the view that no interference is warranted.

(3.) It is borne out from records that the predecessor-in-interest of the respondent/ DH filed an execution petition in the year 2014 seeking implementation of judgment and decree dtd. 17/11/1981. The said execution petition was dismissed for want of prosecution on 28/1/2016. An application seeking restoration thereof was filed by the DH on 18/3/2016. Notice of the application was ordered to be issued to the JDs, who were ultimately proceeded ex-parte vide orders dtd. 1/3/2017 and 23/2/2019. The execution petition was restored to its original number vide order dtd. 27/2/2019. Later, the JDs filed an application for setting aside the ex-parte orders dtd. 1/3/2017 and 23/2/2019 and vide order dtd. 20/9/2019, the Executing Court below set aside the same subject to payment of costs of Rs.5000.00 and permitted the JDs to join the proceedings. The matter was adjourned for filing objections to the execution petition by the JDs.