Arvind Kumar, J. - (1.) THE Petitioners, who are judgment -debtors before the executing court below are aggrieved with the order dated 10.4.2007 passed by the executing court below, by dint of which their application for staying the execution proceedings initiated by Respondents -decree -holder, has been dismissed.
(2.) FEW facts necessary for the disposal of instant revision petition be noticed first. The Respondent -decree -holder -Plaintiffs filed a suit against the Petitioner judgment debtor -Defendants for possession of 5 kanal 1 -1/2 marlas of land, by way of pre -emption. That suit was decreed on 31.8.1994 to the extent of land measuring 5 kanals, subject to deposit of amount of sale consideration, miscellaneous expenses etc. Thereafter, the Defendants preferred an appeal before the appellate court below which was accepted vide judgment dated 5.12.1996. Dissatisfied with the same, the Plaintiff preferred a regular second appeal before this Court and the same was disposed of on 6.1.2006 and the matter was remanded back to the appellate court below for decision afresh. Pursuant to that order passed by this Court, the appellate court below vide judgment dated 6.9.2006 dismissed the appeal of the Defendants and directed the Plaintiffs to deposit the necessary amount of sale consideration etc., which were accordingly decided by the Plaintiffs. Thereafter, the Plaintiff -decree holders filed an application under Order 21 Rule 11 Code of Civil Procedure for execution of the decree and the executing court below issued warrants of possession of land of judgment debtor and accordingly the possession of the suit property was delivered to the decree -holders on 22.1.2007 and Roznamcha No. 291 and mutation No. 383 dated 22.1.2007 were duly entered. In the meantime, a regular second appeal was preferred by the Defendants against the judgment dated 6.9.2006 rendered by the appellate court below and this Court vide order dated 23.1.2007 while admitting the appeal of the Defendants stayed the execution of decree, provided the same was not executed by that date. Thus, the J Ds while relying upon the order passed by this Court, as aforesaid, filed an application for stay of the execution proceedings, while has been dismissed by the executing court below vide the impugned order dated 10.4.2007. Hence this revision petition.
(3.) I have heard learned Counsel for the parties and have also gone through the paper -book carefully.;