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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

 CIVIL APPEAL NO.5786 OF 2015           (Arising out of SLP(C)No.32991 of 2010)

        INDER CHAND (D) THR. HIS LRS.    ... APPELLANT(S)  

                 VS.

         MOTILAL (D) THR. HIS LRS.       ... RESPONDENT(S)

         O R D E R

ANIL R. DAVE, J.

1. Leave granted.

2. Heard the learned counsel.

3. In our opinion, it was not open to the High Court to

modify its order after the said order had been given a seal

of approval by this Court.

4. In the circumstances, we allow the appeal and modify

the impugned order dated 22nd July, 2010 by directing that

the  following  paras  of  the  impugned  order  shall  be

deleted :

“xxx  With these observations, this application

is, hereby, allowed. Meanwhile the executing court before whom

a  petition  has  been  filed  for  executing  the decree, is directed not to proceed any further on the execution petition No.13/2010.”

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5.  It  is  also  clarified  that  S.B.  Civil  Regular  First

Appeal No.36/1976 has already been disposed of by order

dated  12th March,  1987  and  therefore,  the  interlocutory

application, which had been filed before the High Court,

had already been disposed of by virtue of order dated 22nd

July, 2010.

6. With the above observations, the appeal is disposed

of as allowed with no order as to costs.  The executing

Court shall do the needful.

       ..............J.

[ANIL R. DAVE]

..............J. [KURIAN JOSEPH]

New Delhi; 24th July, 2015.

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