BHARMAL HARJI RAM Vs. KHEMA MEGHRAJ

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioners/defendants under Article 227 of the Constitution of India seeking following relief:

(2.) Brief facts of the case are that the respondents/plaintiffs filed a suit for eviction against the petitioners/defendants, which was decreed by learned trial court on 16/1/2016 (Annexure-1) whereby the petitioners/defendants have been directed to provide the way from Points 'E to F' from their araji at the expenses of the petitioners in order to give the respondents right of easement and peaceful way. Thereafter, the petitioners filed a first appeal which was however dismissed for non-prosecution and subsequently, the petitioners filed a restoration application, which is pending before the concerned appellate court.

(3.) Thereafter, the respondents filed an Execution Petition No.21/2022 before the learned Execution Court, which was also decreed in favour of the Respondents and the petition was disposed off vide order dtd. 7/10/2022 (Annexure-2). Due to the inaction of the petitioners, the respondents further filed an Execution Petition No. 43/2022 which was also disposed vide order dtd. 17/2/2023. Further, the respondents have filed an Execution Petition No. 06/2023 under Order 21 Rule 32 and Rule 11A of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') wherein the learned Executing Court issued a warrant of attachment (Annexure-3) and also issued show cause notices (Annexure-4) under Order 21 Rule 37 of CPC, to the petitioners.