R MANI Vs. DHANDAPANI

JUDGEMENT

(1.) This civil revision petition is filed challenging the order of the court below in refusing to stay the auction sale by six months.

(2.) The petitioner herein as the second defendant/Judgment debtor filed the above application under Order 26 Rule 5 C.P.C. seeking for stay of the auction sale, which was scheduled to be held on 09.09.2009 by six months so as to enable him to challenge the decree in the meantime. The court below has rejected the stay by holding that the petitioner has not given any details as to whether he has taken any steps to file appeal as against the decree passed against him by obtaining the certified copy in the meantime. The finding of the court below is that the petitioner was trying to drag on the proceedings. Accordingly, the application was dismissed by the court below.

(3.) Heard both sides.