VEER SEVAK Vs. ANIL KUMAR

JUDGEMENT

(1.) Heard. This petition filed under Article 227 of the Constitution is directed against the order dated 15.07.2013, whereby petitioner's application under section 151 C.P.C. (Annexure P/2) is rejected. By filing the said application the petitioner has prayed for staying the execution proceedings on the ground that second appeal is pending before this court.

(2.) The execution proceeding is arising out of judgment and decree dated 22.03.2007. The said judgment and decree has attained finality. For execution of this judgment and decree the present execution proceedings are filed before the Court below.

(3.) Another judgment and decree is passed by the trial court on 29.06.2012. This was challenged before the first appellate Court in case No. 76A/12 and 77A/12. The appellate Court rejected the said first appeal on 19.01.2013. Against this order the petitioner preferred second appeal No. 174/13. This Court by order dated 06.05.2013 summoned the record of both the Courts i.e. the trial Court and the appellate Court, in the said second appeal.