RAM NATH Vs. MURTI SHRI KRISHAN MAHARAJ

JUDGEMENT

(1.) THIS petition for revision of the order dated the 2nd of June, 1973, passed by Shri V. K. Jain, Additional District Judge, Karnal, has arisen thus,. Murti Shri Krishan Maharaj (the respondent before me and hereinafter referred to as the idol) filed a suit against the three petitioners for possession of 75 Kanals 16 Marlas of land situated in village Bani, Tehsil Thanesar, District Karnal. The suit was decreed on the 12th of February, 1973. The idol took out execution of the decree and a warrant for the delivery of the land was issued by the Executing Court on the 15th of February, 1973. The warrant was executed on the 17th of February, 1973, when physical possession of an area measuring 10 Kanals 7 Marlas out of the disputed land was delivered to the idol. The rest of the area was under crop and symbolical possession thereof was delivered to the idol on the same day.

(2.) ON the 20th of February, 1973, the petitioners applied to the Executing Court for stay of execution. The order passed by the Executing Court on the application was:

(3.) AGAINST the decree passed by the trial Court the petitioners filed an appeal with the District Judge at Karnal on the 27th of March, 1973, and on the same date presented to him an application praying that their possession be not disturbed till the decision of the appeal. Notice of the application was given to the idol with an order that till the disposal thereof the petitioners would not be dispossessed from the land in dispute.