KAMALUDDIN & ANR Vs. KALSUMAN & ANR

JUDGEMENT

(1.) Heard the learned counsel Mr. Sudesh Bansal for the petitioners. Nobody appears for the respondent No.1-Smt. Kalsuman, though duly served.

(2.) The petitioners-objectors have challenged the order dated 03/02/2014 passed by the Additional District Judge, Bandikui (hereinafter referred to as 'the Appellate Court') in Civil Misc. Appeal No.10 of 2012, whereby the Appellate Court has allowed the appeal filed by the respondent No.1-plaintiff-decree holder setting aside the order dated 06/11/2012 passed by the Civil Judge (Junior Division), Bandikui (hereinafter referred to as 'the Executing Court'), staying the execution proceedings of petition No.8 of 2010.

(3.) In the instant case, it appears that the respondent No.1-plaintiff had filed the suit for eviction against the respondent No.2-defendant in which the Court had passed the decree on 20/10/2010. The said decree was challenged by the respondent No.2 by filing the first appeal before the Appellate Court, however, the Appellate Court dismissed the same vide the order dated 13/07/2012. The respondent No.2 thereafter filed the execution petition being No.8 of 2010 seeking warrant for possession against the respondent No.2, and also for recovery of the arrears. According to the petitioners-objectors, since they were in possession of the suit shop, they filed objections before the Executing Court and prayed for the stay of the execution proceedings. The Executing Court vide the order dated 06/11/2012 stayed the execution proceedings till the disposal of the objections filed by the petitioners. Being aggrieved by the said order, the respondent No.1 had preferred an appeal before the Appellate Court, which has been allowed vide the impugned order dated 03/02/2014. The Appellate Court, in the impugned order, had set aside the order dated 6/11/2012 passed by the Executing Court, and further directed the Executing Court to decide the objections filed by the petitioners. However, the Executing Court issued possession warrant as prayed for by the respondent No.1 as per the order dated 20/02/2014.