SANJEEV PRAKASH SHARMA,J. - (1.) This application (IA No.1653 of 2016) has been filed under Section 151 CPC for recovery of possession of suit premises on behalf of appellants. The applicant-appellants have submitted that they filed present appeal before this Court challenging the decree in judgment dated 30.05.2016 passed by the Additional District Judge No.1, Abu Road in Civil Suit No.76/2011 (3/1977) whereby a decree was passed in favour of respondent-plaintiff and possession of the property was directed to be handed over to Guru Shri Shanti Sadan Trust.
(2.) The plaintiff-respondent had appeared as caveator before this Court and record of the trial court was called vide order dated 17.10.2016. The record was received on 17.11.2016 in the Court, however, it has been stated in the application that the respondents filed Execution Application on 19.10.2016 wherein warrant was issued on 19.10.2016 itself and the next date was fixed on 09.11.2016. It has been further stated that on 07.11.2016 in spite of the fact that the appeal was pending consideration before this Court, the respondents with the help of Police proceeded to take over possession of the house in question where the appellants were residing and articles of appellants have been sealed. The proceedings have been placed on record as Annx.1 along with the application.
(3.) It has been further stated that appeal along with the stay application was pending disposal before this Court and the process of the court has been disrupted and virtually the stay application, which is pending before this Court, is being rendered infructuous. In the facts and circumstances, it is prayed that he may be directed to restore back the position of the disputed premises as it was existing prior to 07.11.2016.;