SIKANDAR MOHAMMAD ALI DALAL Vs. BABU HANUMANTH MINDOLKAR

JUDGEMENT

(1.) This writ petition is directed against the impugned order passed on I.A. No. 12 dtd. 1/12/2016 in E.P. No. 18/2012 on the file of the Civil Judge, Haliyal whereby the said application filed by the respondent-judgment debtor under Order 21 Rule 29 CPC seeking stay of further proceedings in the execution petition till disposal of O.S. No. 22/2016 pending on the file of the Sr. Civil Judge, Yallapur sitting at Haliyal, was allowed by the executing Court.

(2.) The brief facts giving rise to the present writ petition are as follows:

(3.) During the pendency of the aforesaid execution proceedings, the respondent-judgment debtor filed I.A. No. 12 dtd. 21/3/2016 under Order 21 Rule 29 CPC seeking stay of further proceedings in the execution proceedings pending before the executing Court, i.e., Civil Judge, Haliyal, till disposal of the suit in O.S. No. 22/2016 pending before the Sr. Civil Judge, Yallapur sitting at Haliyal. The said application having been opposed by the petitioners, the trial Court proceeded to pass impugned order allowing I.A.No. 12 thereby staying further proceedings in the execution petition till disposal of O.S. No. 22/2016. Aggrieved by the impugned order passed by the trial Court, the petitioner is before this Court by way of the present writ petition.