MAQSOOD ALI Vs. VINAYAK RAO

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) In this case the petitioner is questioning the order passed on I.A.No.1 in Civil Misc.No.28/2019 on the file of I Additional Civil Judge, at Bidar. In terms of the impugned order the Trial Court has stayed the operation and execution of the judgment and decree in O.S.No.291/1993.

(3.) The learned counsel for the petitioner would submit that the respondents in this case have filed Civil Misc. under Order IX Rule 13 to set-aside the decree passed in O.S.No.291/1993. It is his contention that the Civil Misc. itself is not maintainable, as the petitioner in O.S.No.291/1993 has participated in the proceedings, filed written statement and he was not placed ex-parte.