JUDGMENT :

1. Heard Sri Amit Manohar Sahai, learned Additional Chief Standing Counsel, assisted by Sri P.C.Tiwari, learned Standing Counsel and Sri S.K.Shukla, as well as Sri Amul Kumar Tyagi, learned Advocates appearing for the contesting respondents.

2. By means of present petition filed under Article 227 of the Constitution of India, the District Inspector of Schools and State of Uttar Pradesh have assailed the order passed by the Additional District and Sessions, Judge, FTC No. 3, Basti in Civil Revision No. 160 of 2007 whereby the order passed by the executing court dated 6.8.2007 has been set aside and thus objection raised vide section 47 of Code of Civil Procedure, 1908 (for short CPC) by the petitioners, judgment debtors has been rejected.

3. Briefly stated facts of the case are that sole respondent, (hereinafter referred to as "decree holder") instituted a suit claiming relief in the nature of a direction to defendants in the suit, namely, the Committee of Management, National Inter College, Haraiya Basti, Narendra Bahadur Singh, Manager of National Inter College, Basti, Principal, National Inter College (defendants first set), the District Inspector of Schools, Basti and St