ORDER

The petitioners are before this Court calling in question order dated 14-02-2023 passed by the LXXII Additional City Civil and Sessions Judge, Mayo Hall, Bangalore in Execution Petition No.15061 of 2006 on I.A.No.4 of 2023 filed by respondents 6 to 11.

2. Brief facts that lead the petitioners to this Court in the subject petition, as borne out from the pleadings, are as follows:-

An agreement of sale was executed on 23-08-1978 in favour of one Sri B.R. Rangaswamy by Sri D.Syed Younus. The agreement resulted in a suit being filed by Sri B.R.Rangaswamy in O.S.No.8443 of 1980 for specific performance of the agreement of sale. The aforesaid suit came to be dismissed by the civil Court on 15-04-1989. Against dismissal of the suit, Sri B.R. Rangaswamy files a regular first appeal in R.F.A.No.374 of 1989 calling in question the dismissal of suit in O.S.No.8443 of 1980. Ten years thereafter on 05-03-1999 the R.F.A. was allowed by this Court and the suit for specific performance was decreed. Against the said decree, the defendants in the suit, filed civil appeals before the Apex Court in Civil Appeal Nos. 1159 and 1160 of 2000 which came to be dismissed by order of the Apex Court on 08-02-2006.

3. After all the aforementioned proceedings a registered sale agreement was executed on 10-03-2006 by Sri D.Syed Younus represented by his GPA holder in favour of one S.M.Muneer, father of petitioner Nos. 1, 3, 4 and 5 and husband of the 2nd petitioner. Pursuant to the sale agreement absolute sale deed also comes to be registered on 28-02-2008 in favour of the said S.M.Muneer.

4. After dismissal of aforementioned civil appeals, the decree holders/legal representatives of Sri B.R. Rangaswamy in whose favour R.F.A.No.374 of 1989 came to be allowed decreeing the suit, filed Execution Case No.15061 of 2006 before the concerned Court. After filing of execution case by the decree holders, it appears that the 1st petitioner also files a suit against Sri D.Syed Younus for injunction in O.S.No.1535 of 2010 and had secured a decree of permanent injunction. On 17-06-2020, the said Sri S.M.Muneer, husband of the 2nd petitioner and father of petitioner 1, 3, 4 and 5 dies. On 16-02-2021 in the execution petition filed by the decree holders, the 1st petitioner files an application for determination of his claim under Order XXI Rules 58, 97, 101 and 103 of the CPC. The application filed by the 1st petitioner in the said execution petition comes to be dismissed on 04-10-2021. The 1st petitioner, against the said dismissal, files a regular first appeal in R.F.A.No.1177 of 2021 which also comes to be dismissed on 15-11-2022. After exhausting these proceedings, a suit is filed by the 1st petitioner in O.S.No.6526 of 2022 for declaration and injunction which is pending consideration before the concerned Court.

5. During the pendency of the said suit, the petitioners filed another application in Execution case No.15061 of 2006 in I.A.No.1 of 2022 under Order I Rule 10 of the CPC to implead themselves as respondents in the execution case and another application in I.A.No.2 of 2022 under order XXI Rule 29 of the CPC for stay of execution proceedings. In terms of an order dated 05-01-2023, the concerned Court rejects the application seeking impleadment into the proceedings filed under Order 1 Rule 10(3) r/w Order XXI Rule 92(4) of the CPC with costs of `25,000/-. The order dated 05-01-2023 was challenged before this Court in Writ Petition No.1173 of 2023 which is said to be pending consideration.

6. On 25-01-2023 the executing Court directs execution of the sale deed in favour of the decree holders in respect of the suit schedule property which the petitioners claim that it belonged to them. It is then, the petitioners have moved the civil Court in O.S.No.6526 of 2022 for declaration and injunction and also seeking a temporary injunction against the decree holders. The concerned Court on 09-02-2023 grants a temporary injunction in the suit filed by the petitioners. In