RANJI VANDANA RAKESIA Vs. JAMUNA BAI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the Order dtd. 21/2/2023 passed by the Civil Judge Junior Division, District Chhindwara in Execution Case No.08-A/2018 by which the execution of decree has been kept under suspension animation on the ground that the second appeal is pending.

(2.) The undisputed facts are that a decree for declaration of title, permanent injunction and delivery of possession was passed in favour of the petitioner. The appeal filed by the respondents No.2 and 3 was also dismissed. Second Appeal No.938/2022 has been filed, however it is undisputed fact that neither said second appeal has been admitted so far no there is any interim order. The petitioner put the decree for execution and an application was filed by the respondents under order 21 Rule 29 of CPC for stay of the execution of decree during the pendency of the second appeal. By the impugned order the Executing Court has stayed the execution of the decree on the ground that Second Appeal No.938/2022 is pending.

(3.) Challenging the order passed by the Court below, it is submitted by the counsel for the petitioner that in absence of any stay in the second appeal, the Executing Court was not right in staying the further proceedings.