' This is a writ petition under Art. 9 of the Provisional Constitutional Order, 1981, whereby Ghulam Rasool, Ghulam Fareed and Ghulam Hussain, petitioners, want this Court to declare the order dated 5th December, 1982 passed by the Senior Civil Judge, Muzaffargarh and the order dated 8th January, 1983 of the learned District Judge, Muzaffargarh, to be without lawful authority and of no legal effect.
2. The facts giving rise to this petition in brief, are that Ghulam Rasool and others, petitioners herein, filed a suit for possession by preemption against Faiz Bakhsh, respondent No,
3. The suit was decreed ex parte on 17th July, 1982. Faiz Bakhsh, respondent No, 3, however, moved application on 21st July, 1982 under Order IX, rule 13, C. P. C. For setting aside ex parte decree, wherein the execution proceedings were stayed on 27th July, 1982. Thereafter the petitioners/plaintiffs moved execution petition on 5th September, 1982 and the Court vide its order dated 16th September, 1982 directed that the execution application should be kept pending and put up alongwith the application for setting aside ex parte decree. In spite of this order the petitioners/plaintiffs got issued warrants for the possession of the property and consequently obtained possession of the property. On 13th November, 1982, Faiz Bakhsh respondent No, 3 moved the trial Court to recall the warrants and the.
Court ordered that the possession of the property should not be delivered to the petitioners/ plaintiffs under the warrants issued by the Court. On 15th November, 1982, Faiz Bakhsh, respondent No, 3, moved another application for restoration of the possession informing the Court that the petitioners/ plaintiffs have obtained possession of the property in violation of the injunction granted by the Court in collusion with the Staff, despite the fact that the respondents had shown them the injunction issued by the Court. The learned trial Court vide its order dated 5th December, 1982 directed that the possession of the property which has been illegally delivered to the petitioners/plaintiffs herein, may be restored back to Faiz Bakhsh, respondent No,
3. Feeling aggrieved the petitioners filed an appeal which was dismissed by the learned District Judge, Muzaffargarh on 8th January, 1983. Hence this petition.
3. Learned counsel for the petitioners submits that since the stay order dated 27th July, 1982 was not extended on the next date i,e, 25th September, 1982 the warrants for possession of the property were rightly issued by the executing Court on 24th October, 1982.
4. After hearing the learned counsel and going through the record I find that the contention raised by learned counsel is factually incorrect inasmuch as the stay order dated 27th July, 1982 was not till the next date and that the stay order was very much operative on 24th October, 1982 when the warrants for the possession of the property on the application for execution of the decree filed by the petitioners herein, were issued. The learned executing Court which issued the warrants has clearly state that these warrants were issued inadvertently and that the stay order dated 27th July, 1982 was effective till the final decision of the application for setting aside the ex parte decree, learned executing Court has also observed that the petitioners herein, having full knowledge of the stay order fraudulently concealed this fact and got the warrants issued. There is nothing on the record to controvert the observations of the learned trial Court.
5. For what has been stated there being no merit, the writ petition is dismissed in limine.