SMT. AJUDHIA DEVI Vs. SHRI SOHNU RAM AND ORS.

JUDGEMENT

(1.) A preliminary point with regard to the maintainability of the appeal has been raised by the learned Counsel for the Respondents.

(2.) This appeal is filed against the order dated May 29, 1975, passed by the learned single Judge of this Court while disposing of the execution petition No. 1 of 1970 with O.M.P.s 3 and 4 of 1975 in R.F.A. 1 of 1970. Sohnu Ram Plaintiff -Respondent had obtained a preliminary decree from the High Court in exercise of its original civil jurisdiction against Smt. Ajudhia Devi and others for possession of the property subject to the payment of Rs. 20,000/ - with interest at the rate of 71/2% from 18 -5 -1966 till the date of payment by way of redemption with costs. Against this preliminary decree both the parties filed their appeals Nos. R.F.A. 1 of 1970 and R.F.A. 2 of 1970, which were decided by a Division Bench of this Court on November 23, 1974. The judgment and decree passed by the learned single Judge were modified. Thereafter it appears that the decree -holder had applied for passing of the final decree. On an application filed by the judgment -debtor along with the appeal, this Court on May 4, 1970, ordered the stay of the proceedings for the passing of the final decree subject to the condition that the Appellant furnished security in the sum of Rs. 6,000/ - within three weeks to the satisfaction of the Deputy Registrar of this Court for the due performance of any decree or order which may ultimately be binding on the judgment -debtor. It appears that execution had also been taken out by the decree -holder and which remained pending due to the pendency of the appeals preferred by the parties.

(3.) After the decision of the appeals the execution and the other miscellaneous applications came up for hearing before the learned single Judge, who by this impugned order held: