Hon'ble Mr. Justice Sanjeev Prakash Sharma stayed execution proceedings before the Civil Judge, Kathumar, pending the disposal of the petitioner's application under Order 9 Rule 13 CPC, directing a decision within three months.
Stay on execution proceedings before Civil Judge, Kathumar, until disposal of application under O.9 R.13 CPC.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3019/2019
Sunita W/o Lt. Tikkam
----Petitioner
Versus
Bhisti Samaj
----Respondent
For Petitioner(s) : Mr.Sukhdev Singh Solanki For Respondent(s) : Mr.Aatish Jain
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
01/06/2019
The petitioner has filed this writ petition against the order of execution dated 3.1.2019.
Counsel for the petitioner submits that the petitioner’s application under Order 9 Rule 13 CPC is pending wherein respondents have already put in appearance.
In view thereof, execution proceedings taken up by the respondents ought to be solved.
Counsel for the respondents submits that a suitable direction be issued to the concerned Tribunal to decide the application under Order 9 Rule 13 CPC expeditiously.
Having heard counsel for the parties, this court deems it appropriate to stay the proceedings undertaken for execution before the Civil Judge, Kathumar, Distt. Alwar till disposal of the application moved by petitioner under O.9 R.13 CPC which is pending before the same court. The Civil Judge, Kathumar, Alwar
[CW-3019/2019]
(2 of 2)
is directed to first decide the application under O.9 R.13 CPC expeditiously not later than a period of three months.
The writ petition is allowed accordingly.
(SANJEEV PRAKASH SHARMA),J
Sandeep/-38
1 issue framed by the court
Whether execution proceedings should be stayed pending disposal of a pending application for setting aside a default order.
1 provisions across 1 enactments
Sunita W/o Lt. Tikkam
Bhisti Samaj
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
