DIPANKAR DATTA, J.

The Challenge

1. Respondents 1 to 3 had filed an objection under section 47 of the Code of Civil Procedure, 1908 (“CPC”, hereafter) in an execution application filed before the Executing Court by the appellants. It was urged, based on the case pleaded therein, that the decree put to execution was inexecutable. The Executing Court, on 19th March, 2008, allowed the objections of the respondents 1 to 3, resulting in dismissal of the execution application.

Digitally signed by SWETA BALODI Date: 2024.01.12 16:43:20 IST Reason:

Signature Not Verified

2. A revision was carried by the appellants from the order dated 19th March, 2008 before the Revisional Court which, vide its order dated 21st February, 2009, dismissed the objection filed by the respondents 1 to 3 and directed the Executing Court to proceed with the execution of the decree whilst treating such objection as non-maintainable.

3. The revisional order dated 21st February, 2009 was challenged by the respondents 1 to 3 in an application under Article 227 of the Constitution1 before the High Court of Judicature at Allahabad (“High Court”, hereafter). The High Court, by its judgment and order dated 4t