RAM KRISHNA SHARMA Vs. NARENDRA GOLE

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 3.2.2014 passed in Case No. 15 - A/2010/2012 by IIIrd Civil Judge, Class -II, District Gwalior.

(2.) SHRI N.K.Gupta, learned counsel for the petitioner submits that the order dated 3.4.2014 is bad in law to the extent Court below suomotu passed interim relief staying the execution proceedings. To elaborate, it is contended that in the execution proceedings filed by the petitioner/decree holder, the State filed an application under Order 21 Rule 97 C.P.C. Arguments were heard on this application on 3.2.2014. After hearing the parties on this application, the Court below opined that the said application under Order 21 Rule 97 needs to be registered separately and, therefore, directed that the said application be removed from the execution case and a separate MJC be registered.

(3.) SHRI N.K.Gupta submits that to this extent the petitioner has no objection. Petitioner is aggrieved by the portion of the impugned order whereby the Court below suomotu stayed the execution proceedings. He submits that the petitioner had no occasion to advance arguments on the question of such interim order because there was neither any application by the State for interim direction nor any arguments were advanced on that aspect. Thus, the operative portion of the impugned order came as bolt from blue to the petitioner.