HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 670 of 2009 Decided on: 25.6.2010 Fateh Singh and others ………Petitioners. Versus Govind Ram ………Respondent. Coram: The Hon’ble Mr.Justice Surjit Singh, Judge. Whether approved for reporting? For the petitioners: Mr.R.K. Gautam Senior Advocate, with Mr.Mehar Chand, Advocate. For the respondent: Mr.Ramakant Sharma, Advocate. Surjit Singh, J.(Oral): Present petition under Article 227 of the Constitution of India has been filed for quashing the order, dated 24.11.2009, of learned Executing Court, vide which, a warrant has been ordered to be issued for the execution of the decree. It is stated by the petitioners that the order has been passed without taking into consideration their reply to the petition for ______________________________ Whether reporters of local papers may be allowed to see the judgment? - 2 - execution of decree and, therefore, the order is bad in law. 2. I have heard learned counsel for the parties and gone through the record. 3. Petitioners’ plea that the order has been passed without taking into consideration their reply to the Execution Petition is not tenable. There is another order, dated 1.4.2009, vide which the reply filed by the petitioners was considered and contentions raised by them were rejected. The main contention raised by the petitioners was that the decree sought to be executed had not attained finality, as the appeal filed against that decree was pending in the High Court. That appeal has been disposed of today by a separate judgment passed in RSA No.580 of 2008, titled Fateh Singh and others versus Govind Ram. Thus, the objection raised in the reply ceases to exist. 4. However, the impugned order is bad in the sense that the learned Executing Court has not specified as to what type of warrant is to be issued. The order is vague and cannot be complied with. Hence the petition is allowed and the impugned order is set aside. Executing Court shall - 3 - pass a fresh order in the Execution Petition in accordance with law. June 25, 2010. (Surjit Singh), (TILAK) Judge.