SHISHIR KUMAR,J. - (1.) THIS writ petition has been filed for quashing the order dated 28.08.2009 by which application filed by petitioner as application no. 102 b has been dismissed on the ground that all the questions raised in the present application has already been decided therefore, there is no necessity to issue notice to the Waqf Board. The said application was rejected in execution proceeding.
(2.) THIS writ petition has been filed and on 03.09.2009 it was ordered to be placed tomorrow as fresh on 04.09.2009. Vakalatnama on behalf of the respondent was filed and the case was ordered to be listed on 09.09.2009. After that date it has been listed several times but no orders issuing notice to the respondent was passed. On 05.10.2009 a request has been made by the learned counsel for the petitioners to adjourn the case, it was directed that the case will be listed peremptorily in the next cause list with an indication that it will not be adjourned on that day. Shri Om Prakash, Advocate appearing on behalf of the respondent submits that though there is no interim order and the notice has not been issued but on an application made by petitioner the executing court is adjourning the case and is not passing any order. The effect of this, that despite all the orders in favour of the respondent it is not being executed and the respondent is not in a position to take possession of the property.
(3.) IT is made clear that the pendency of this writ petition will not effect or come in the way of the executing court to pass any order to execute earlier orders. Unless and until any stay order is presented before the executing court, court is free to pass an appropriate order and to execute the order passed in favour of the respondent.;