Dilip Gupta, J. - (1.) THE petitioners had instituted SCC Suit No. 12 of 2002 which was decreed on 16th November, 2006. The District Basic Shiksha Adhikari, Saharanpur, who was arrayed as defendant in the suit, filed a Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 before the High Court which was numbered as Civil Revision Defective No. 71 of 2007. During the pendency of the Civil Revision, proceedings were initiated for execution of the decree and against an order passed by the Executing Court, Writ Petition No. 47586 of 2007 was filed by the District Basic Shiksha Adhikari, Saharanpur.
(2.) BOTH the Civil Revision and the Writ Petition were decided by a common judgment and order dated 27th August, 2009. The Revision was dismissed and the writ petition was disposed of observing that as the School was being run in the building in dispute, eviction decree shall not be executed till 31st June, 2010. It is stated by the learned counsel for the petitioners that till date, despite the aforesaid direction of the High Court, the District Basic Shiksha Adhikari, Saharanpur has not vacated the premises and objections are being raised in the execution proceedings.
(3.) ONCE the Civil Revision filed by the District Basic Shiksha Adhikari, Saharanpur was dismissed and the writ petition filed against an order passed in Execution Case was disposed of with the observation that the eviction decree shall not be executed upto 31st June, 2010, the District Basic Shiksha Adhikari, Saharanpur should have vacated the premises by 31st June, 2010 but he did not do so.;