RABINDRA SAHOO Vs. PUSHPA RANI SAHOO

JUDGEMENT

(1.) THIS civil revision by the defendant arises out of an order granting conditional stay of the execution proceeding during the pendency of the application under Order 9 Rule 13 C.P.C.

(2.) OPPOSITE Party is wife of petitioner. She filed a suit for maintenance to enforce her right under the Hindu Adoption and Maintenance Act, 1956, Suit was decreed ex -parte directing payment of Rs. 400/ - per month towards maintenance and Rs. 100/ - per month towards separate residence. When plaintiff did not pay the amount, defendant filed application for execution.

(3.) THEREAFTER , defendant filed an application for setting aside the exparts decree and an application was filed to stay further proceeding in the execution case alleging that entire properties of the judgment -debtor have remained under attachment. Refusal to stay is grievance of petitioner.