JUDGMENT :

This writ petition arises out of the orders passed by the court below during the execution proceedings. It is an extremely old matter pertaining to the year 2004. The decree holder i.e. respondent no. 3 before this Court who had a decree in his favour has not been able to execute the same as there is an interim order dated 28.05.2004 passed by a Coordinate Bench of this Court.

2. Brief facts of the case are that a suit for possession was filed by the plaintiff (respondent no. 3 before this Court), in which there were two main defendants i.e. Abdul Majid and Mohammad Ishaq i.e. defendant nos. 1 and 2 and defendant nos. 3 and 4 i.e. Rajendra Nath and Virendra Nath were the proforma defendants. The case of the plaintiff was that the property was purchased by him and defendant nos. 3 and 4 from its erstwhile owner Sri Hari Chand vide sale deed dated 08.11.1971. Since the defendant nos. 3 and 4 were in the Indian Army and were deployed towards the border in the year 1971, the property was occupied by defendant nos. 1 and 2 taking advantage of absence of defendant nos. 3 and 4. Consequently, the defendant (respondent no. 3 before this Court) filed a civil suit before the Court o