YASHWANT VARMA,J. - (1.) Heard Sri Yadav, learned counsel for the petitioners and Sri Ravi Chandra Srivastava who has appeared for the respondents on caveat.
(2.) The challenge in the present writ petition under Article 227 of the Constitution is to an order dated 4 May 2017 passed by the Civil Judge Senior Division, Bhadhohi, Gyanpur rejecting Application No. 83 C in terms of which the petitioners sought stay of the execution of an ex parte decree standing in favour of the contesting respondents. Although the litigation inter parts has a history, this Court proposes to notice only the following essential facts which are necessary for the disposal of the present writ petition.
(3.) A suit for specific performance arising from an agreement dated 20 August 1976 came to be decreed by the Court of the Civil Judge, Gyanpur, Varanasi on 8 May 1980. The suit was admittedly decreed ex parte against the petitioners. An application for recall which came to be made thereafter was allowed on 10 August 1984. The petitioners alongside the application seeking recall of the ex parte decree also appear to have filed a regular First Appeal which was registered as Civil Appeal No. 527 of 1980 (Bans Raj and Others v. Jeet Narain and Others) . The order of the Court below allowing the application for recall of the ex parte decree was challenged by the plaintiff-respondents by way of a civil revision which was ultimately allowed by this Court and consequently the ex parte decree attained finality.;