Order No. 1 Date : 28.03.2018.
Today is fixed for hearing of the petition dated 02.09.2017 filed by JDR/ o.p. nos. 2 & 3.
Let this application be registered as M.A. 56 of 2018.
W.O. filed by the Decree Holder. Ld. Advocate for both sides are present. The petition dated 02.09.2017 is taken up for hearing.
Heard both sides.
Perused the petition dated 02.09.2017 and the materials on records.
It appears that this execution case has been filed against this J.DR / o.p. nos. 2 & 3 for execution of award passed in CC no. 306 of 2014 against this JDR / o.p. nos. 2 & 3.
So, this Forum has got no jurisdiction to go beyond the final order / decree as well as spirit of order passed in CC 306 of 2014 against this JDR / o.p. nos. 2 & 3 and another.
In view of observation of Hon’ble National Commission reported in 2016(1) CPR page 252 (NC ) that this Forum being executing court cannot go beyond the decree as well as the spirit of order passed in CC no. 306 of 2014 against them.
In view of the circumstances petition filed by JDR / o.p. nos. 2 & 3 for expunging their names from this execution case is liable to be rejected.
Hence,
it is,
O r d e r e d
that the petition dated 03.09.2017 filed by JDR / o.p. nos. 2 & 3 for expunging their names from this case is hereby rejected from this case is hereby rejected on contest but without cost.
Thus this M.A. is disposed of.