MANOJ MISRA,J. - (1.) Heard learned counsel for the petitioners; Sri Dhirendra Singh for the respondents and perused the record.
(2.) The petitioners have suffered an ex-parte decree in Original Suit No. 130 of 1997. To set aside the ex-parte decree, it appears that petitioners filed an application under Order 9, Rule 13 CPC and from the statement made by learned counsel for the parties at Bar it appears that the said application got dismissed for non-prosecution and for restoration of the said application, proceedings are pending as Misc. Case No. 153 of 2016. In the meantime, an application was filed to seek execution of the decree. In the execution proceeding, bearing Execution Case No. 1 of 2014, an objection was filed by the petitioners that since application for setting aside the ex-parte decree was pending, the execution proceeding should be suspended.
(3.) The above objection of the petitioners has been rejected by impugned order dated 9th December, 2016 and the application of the decree-holder to issue a writ of possession has been accepted. The petitioners thereafter filed revision against the order dated 9th December, 2016 which too, has been dismissed by impugned order dated 2nd May, 2017.;