VITTHAL Vs. BABAN

JUDGEMENT

(1.) Heard.

(2.) Rule, Rule made returnable forthwith and by consent of the parties taken up for hearing.

(3.) The defendants have filed this petition. The Respondent / plaintiff filed a suit bearing Regular Civil Suit No.39 of 2006 for partition and possession which came to be decreed, according to the counsel, by judgment and order dated 31st August 2006. The decree was put to execution by an order passed by the trial Court dated 20-9-2006 which is at Exhibit "C" to this petition. The petitioners in the meanwhile have filed an application for setting aside the ex parte decree. It is stated across the Bar that the said application is being heard and the evidence is being led. Therefore the petitioners pray that till the application for setting aside ex-parte judgment and decree is decided execution of the decree be stayed.