- (1.) Decree holders Gaze Singh etc. have invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 28.4.2010, Annexure P/1 passed by learned executing court i. e. learned Additional Civil Judge (Senior Division), Narwana thereby dismissing application/execution of decree holders for permission to redeposit preemption money and for delivery of possession of the suit land in execution of decree and thereby allowing objections preferred by respondents no. 1 and 2/judgment debtors (JDs).
(2.) Suit filed by petitioners against respondents for preemption of sale of the suit land was decreed by trial court vide judgment and decree dated 15.12.1982, Annexure P/2 directing the plaintiffs-preemptors to deposit the preemption money on or before 4.2.1983. Petitioners accordingly deposited the preemption money on 3.2.1983. First appeal preferred by respondents no. 1 and 2/vendees was dismissed by District Judge vide judgment and decree dated 8.8.1984. Regular Second Appeal (RSA) No. 2646 of 1984 preferred by vendees - respondents no. 1 and 2 herein was dismissed by this Court vide order dated 27.8.2004, Annexure P/4 when counsel for preemptors was not present and only counsel for vendees/appellants was present.
(3.) During pendency of aforesaid regular second appeal, this Court passed interim order dated 17.12.1984 staying dispossession and permitting the preemptors to withdraw the entire preemption money without prejudice to their rights in the appeal. Accordingly, the petitioners withdrew the preemption money on 11.9.1985.;