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.
4. In the circumstances, we allow the appeal and modify the impugned
order dated 22nd 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.”
5. It is also clarified that S.B. Civil Regular First Appeal No.36/1976 has
already been disposed of by order dated 12th March, 1987 and therefore, the
interlocutory application, which had been filed before the High Court, had
already been disposed of by virtue of order dated 22nd 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;
24th July, 2015.