MUKESH KUMAR Vs. MAMTA BAI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 11.12.2018 passed by Additional Civil Judge, Class-2, Ganjbasoda, District Vidisha in Case No.3/2017 EXA.

(2.) Since the lis involved in the petition can be disposed of at the earliest, therefore, the submissions made by the counsel for the petitioner are being considered without issuing notice to the respondents and if the respondents feel aggrieved by this order, then they can approach this Court by way of recall of this order.

(3.) The necessary facts for the disposal of the present petition in short are that an exparte judgment and decree has been passed against the petitioner on 9.11.2017 by which the suit filed by the respondent No.1 for specific performance of contract has been decreed. The petitioner has filed an application under Order 9 Rule 13 of CPC which is pending and has also prayed for stay of the execution of the decree. The Court below by order dated 11.12.2018 has held that in absence of any specific provision for stay of the execution proceedings, the application filed for stay of the execution proceedings during the pendency of the application filed under Order 9 Rule 13 of CPC is not maintainable.