RAM LAL Vs. DAULAT RAM

JUDGEMENT

(1.) This writ petition has been filed on behalf of the petitioners being aggrieved with the order dtd. 27/10/2010 passed by the Civil Judge (J.D.), Churu (hereinafter to be referred as 'the executing court'), wherein while allowing the application preferred on behalf of the respondents under Order 47 Rule 1 and Order 21 Rule 106 read with Sec. 151 CPC the executing court has ordered for restoration of the execution proceedings.

(2.) The brief facts of the case are that one Daulat Ram filed a suit in the Court of Judicial Magistrate, Churu for recovery of an amount of Rs.3750.00 against one Lok Chand. The suit was decreed in favour of Daulat Ram on 8/11/1989 on the basis of compromise arrived at between the parties.

(3.) In the year 1990, Daulat Ram filed an application for execution of the decree dtd. 8/11/1989 and in those execution proceedings the executing court ordered to attach the house of Daulat Ram and thereafter ordered to sold that house through auction.