SUNDRA BAI Vs. SONUBAI

JUDGEMENT

(1.) THIS writ petition by the judgment debtors is directed against the order dated 19-1-2004 passed by the Executing court rejecting IA-1 filed by them under order 21, Rule 29 of CPC for stay of further proceedings in Ex. Case No. 62/2003 on the ground of pendency of a suit in O. S. No. 314/2003 in the very same Court. The aforesaid execution case was filed to execute the decree passed in O. S. No. 780 of 1990.

(2.) I have heard Mr. Ram Bhatt, learned senior counsel for the petitioners and perused the impugned order. Mr. Ram Bhat, in support of his submission that the impugned order is erroneous has relied on a judgment of the Supreme Court in Shaukat hussain v. Bhuneshwari Devi, (AIR 1973 SC 528), and also a judgment of this Court in pujari Subbaiah v. Lakkappanavara, (1982)2 Kant LJ 201.

(3.) TO examine the correctness of the impugned order, it is relevant to notice the scope and ambit of Order 21, Rule 29 of CPC which reads as follows :