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Judgment
Manoj Kumar Tiwari, J
By means of this writ petition under Article 227 of The Constitution of India, petitioners have challenged the orders dated 16.04.2016 and 27.04.2016 passed by 7th Additional District Judge in Execution Case No.44 of 2014.
By the order dated 16.04.2016, learned court below recalled the orders passed earlier on 14.01.2016, 03.02.2016 and 26.02.2016 on the ground that the decree in question is an injunction decree which can be executed under Order 21 Rule 32 CPC. By the subsequent order dated 27.04.2016, recall application filed by the petitioners, seeking recall of the order dated 16.04.2016, was rejected.
Notices were issued to the respondents in the present writ petition; however, as per office report, service could not be effected upon them and undelivered envelopes have returned with a remark that the addressee has left the address without intimation.
Shri Neeraj Garg, learned counsel for the petitioner submits that pursuant to the decree sought to be executed, respondent nos.1, 2, 3 and 5 had executed sale deed in favour of the petitioner, which has now been registered in the Office of Sub Registrar, Dehradun, on 20.08.2015. As regards respondent no.4, Shri Neeraj Garg, learned counsel submits that he has also executed sale deed in favour of petitioner, which has also been registered in the Office of Sub Registrar, Dehradun on 14.1.2020.
Since the decree sought to be executed has been partly satisfied due to execution of sale deeds by the judgment debtors, therefore no useful purpose would be served by keeping this writ petition pending.
Accordingly, writ petition is disposed of with a direction to the Executing Court to proceed with the execution qua possession of the suit property by ignoring the orders impugned in the present writ petition.