KARAM KAUR Vs. BHAJAN SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of Sub-Judge 1st Class, Moga, dated 24th of January, 1980 whereby the learned trial Court dismissed the application filed by the judgment-debtors i. e. , the present petitioners under Order 41, Rule 5 of the Code of Civil Procedure for restoration of possession of land measuring 9 kanals 7 marlas, possession whereof was earlier on delivered by the Executing Court to Bhajan Singh decree-holder on 28-12-1978, even though this Court vide its order dated 22-12-1978 had stayed dispossession of Karam Kaur judgment-debtor. Copy of the stay order was, however, received by the Executing Court on 6-1-1979.

(2.) THE learned counsel for the parties were heard.

(3.) IT was vehemently argued by the learned counsel for the petitioners that the order of stay of execution passed by the appellate Court under Order 41, Rule 5 of the Civil Procedure Code takes effect from the time it is passed i-e, on 22-12-1978 and that the executing Court was not legally competent to subsequently get the delivery of possession of the part of the suit land effected in favour of the decree-holder on 28-12-1978. It was further submitted that mere fact that the stay order was conveyed to the executing Court on 6-1-1979 would not be material and judgment-debtors i. e, the present petitioners are entitled to get back the possession of the part of the land in dispute, possession whereof, had been delivered to the decree-holder, in violation of the stay order granted by this Court.