P.P. Gupta, J. - (1.) SMT . Sabira Begum alias Dhooman Begum, Sabir Raza Khan and Hasan Raza have filed this petition praying for a writ of certiorari quashing the impugned orders dated 26 -9 -1991 (Annexure '1' to the petition), passed by Respondent No. 2, and 30 -10 -1991 (Annexure '2'), passed by Respondent No. 1.
(2.) THE facts of the case in brief, are that M/s. Chhotey Lal and Sons, Respondent no 3, had filed Suit No. 475 of 1970 against Petitioner no. 2, Sabir Raza Khan, for ejectment and recovery of areas of rent. The suit was decreed in favour of the Plaintiff. In execution proceedings, Smt. Sabira Begum, Petitioner no. 1, moved an application under Section 47 of the Code of Civil Procedure (hereinafter referred to as the 'CPC') which was rejected by the executing Court. Subsequently, Respondent No. 3 moved an application under Order 21 Rule 97, CPC against present . By an order dated 26 -9 -1991, this application, moved by the decree -holder (Respondent No. 2), was allowed. Being aggrieved from this order, the Petitioners filed a revision before Respondent No. 1, which was dismissed on 30 -10 -1991. Feeling aggrieved, the Petitioners have filed the present writ petition before this Court. Learned Counsel for the Petitioners was heard at length and the record of the case was perused.
(3.) PETITIONER no. 2 is the judgment debtor, and Petitioners no. 1 and 3 are his wife and son respectively. They have resisted delivery of possession to Respondent No. 3. It was for this reason that Respondent No. 3 moved an application under Order 21 Rule 97, CPC complaining of such resistance on the part of the Petitioners.;