NAGUESH S VERLEKAR Vs. RAJIV MATHEW

JUDGEMENT

(1.) HEARD Mr. R. G. Ramani, learned Advocate for the petitioner and Mr. V. Menezes, learned Advocate for the respondent.

(2.) RULE. By consent heard forthwith.

(3.) THEREAFTER petitioner/decree holder filed Execution Application no. 1/2007 for execution of the said decree. The Judgment debtor filed an application dated 13.4.2009 stating therein that the judgment debtor has been residing in house no. 137 and house no. 135 does not belong to decree holder. According to the Judgment debtor he had filed Regular Civil Suit no. 40/2007 challenging the said decree on various grounds and therefore the judgment debtor sought dismissal of the execution application. The Executing Court by impugned order dated 4.7.2009 stayed the Execution Application no. 1/2007 till the pendency of Regular Civil Suit no. 40/2007 on following conditions:-