CHHADAMILAL Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) THIS revision is directed against the order passed by the Executing Court thereby it issued a warrant of possession and attachment of the house in possession of the judgment -debtor -petitioner holding that the petitioner -judgment -debtor had failed to comply with the order dated 27.2.93.

(2.) THE non -petitioner -plaintiff had obtained a decree of eviction against the petitioner on the ground of arrears of rent in respect of the suit house. The petitioner -Judgment -debtor had preferred Misc. Appeal bearing No. 14/92. The learned Sixth Additional Judge to the Court of District Judge, Gwalior passed a self -operative order on 18.12.92 that if the judgment -debtor deposits the whole decretal amount and furnishes surety in the sum of Rs. 50,000/ - within the time stipulated, the execution of the decree shall remain stayed, but if there was any non -compliance, the order of stay shall stand automatically vacated. It appears that the life of the order was further extended but since the petitioner failed to comply with the direction, the non -petitioner has filed an application in the Executing Court that the order of stay being self operative stood vacated and, therefore, prayed that a warrant of possession as also of attachment be issued. The learned Executing Court accepted the plea raised by the non -petitioner and by order dated 6.5.94 ordered the issuance of warrant of possession and attachment. The order of the Executing Court dated 6.5.94 is challenged. Shri Apte was allowed time twice for ascertaining whether the petitioner had still complied with the order passed by the Sixth Additional Judge to the Court of District Judge, Gwalior. Shri Apte submitted that despite his information to the petitioner nobody has turned up. The learned trial Court in view of the automatic clause in the stay order passed by the lower appellate Court was left with no other option but to issue a warrant of possession and attachment against the petitioner -judgment debtor.