HEMRAJ Vs. KALLU KHAN

JUDGEMENT

(1.) This civil revision under Section 115 of C.P.C. has been filed against the order dated 07/03/2020 passed by Civil Judge, Class-II, Lateri, District Vidisha in Execution Case No.16-A/16/19, by which the Executing Court has stayed the further proceedings of execution case under Order 21 Rule 29 of C.P.C.

(2.) It is submitted by the counsel for the petitioners that a verbal prayer was made by the counsel for the respondent that since second appeal No.1040/2019 filed by the respondent is pending before the High Court, therefore, the further proceedings in execution case be stayed in the light of the provisions of Order 21 Rule 29 of C.P.C. It is submitted that the verbal prayer made by the counsel for the respondent was allowed, and the executing Court by impugned order has stayed the proceedings.

(3.) Challenging the order passed by the Court below, it is submitted by the counsel for the petitioners that the second appeal No.1040/2019 has not been admitted so far. No interim order has been passed and under these circumstances, the executing Court should not have stayed the proceedings merely on the ground that the second appeal is pending before the High Court.