H V P N L Vs. ROOP CHAND

JUDGEMENT

(1.) VIDE order, under challenge, objection application of the petitioners, in pending execution application, was dismissed. It is an admitted fact that the judgment and decree, execution of which is pending, have become final. Matter in execution is pending for the last so many years. This Court feels that the order passed by the Court below is perfectly justified as the executing Court except in rarest of the rare cases has no jurisdiction to look into validity or otherwise of the judgment and decree under execution. No case is made out for interference. Dismissed. However, as the petitioners, in pursuance to the order dated January 17, 2006, have deposited an amount of Rs. 20,34,773/- with the executing Court, this Court is of the view that the attachment of their property deserves to be recalled. The executing Court may attach the same again, if amount deposited, does not satisfy the decree, which is pending for execution. It is further made clear that the amount be disbursed to the respondents without imposing any condition what-so-ever, as ordered on January 17, 2006.