Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5786 OF 2015
(Arising out of SLP(C)No.32991 of 2010)
INDER CHAND (D) THR. HIS LRS.
... APPELLANT(S)
VS.
MOTILAL (D) THR. HIS LRS.
... RESPONDENT(S)
O R D E R
ANIL R. DAVE, J.
1. Leave granted.
2. Heard the learned counsel.
3. In our opinion, it was not open to the High Court to
modify its order after the said order had been given a seal
of approval by this Court.
JUDGMENT
4. In the circumstances, we allow the appeal and modify
nd
the impugned order dated 22 July, 2010 by directing that
the following paras of the impugned order shall be
deleted :
“xxx
With these observations, this application
is, hereby, allowed.
Meanwhile the executing court before whom
a petition has been filed for executing the
decree, is directed not to proceed any further
on the execution petition No.13/2010.”
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5. It is also clarified that S.B. Civil Regular First
Appeal No.36/1976 has already been disposed of by order
th
dated 12 March, 1987 and therefore, the interlocutory
application, which had been filed before the High Court,
nd
had already been disposed of by virtue of order dated 22
July, 2010.
6. With the above observations, the appeal is disposed
of as allowed with no order as to costs. The executing
Court shall do the needful.
..............J.
[ANIL R. DAVE]
..............J.
[KURIAN JOSEPH]
New Delhi;
th
24 July, 2015.
JUDGMENT
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