Pawan Kumar and others vs Rishi Pal and others

A.N. Jindal, J

This is an application for recalling the order dated 20.7.2012 passed by this Court, whereby the order of stay earlier granted in favour of the petitioners was vacated. Heard.

Let the main petition be heard on merits. Disposed of accordingly.

Main case

The petitioners have invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 20.10.2011 (Annexure P/8) passed by the trial court.

I have perused the order dated 18.11.2002 passed by this Court in R.S.A. No. 732 of 2000, titled as Rishi Pal and another vs. Ram Singh and others, which reads as under :

In view of the fact that Inder is party to the document Ex. DW4/A wherein the payment of mortgage money is said to have been made, the judgment and decree passed by the courts below is modified and it is ordered that the plaintiff is entitled to possession of the suit land. With this modification, the suit is decreed without payment of mortgage money since that amount stands already paid.

Though the lower court had passed the decree for possession subject to redeeming of the land, yet this Court had modified the decree and possession was allowed to be delivered without payment of mortgage. The decree has attained finality.

No fault could be found with the order passed by the executing court. Dismissed.