SECRETARY, BSE, ODISHA Vs. GITANJALI BAI

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) This CMP has been filed assailing the order dtd. 4/7/2023 (Annexure-5) passed by learned Civil Judge, Chandikhole in CMA No.86 of 2019, whereby an application filed by the Petitioner under Sec. 151 CPC to stay the Execution Case No.04 of 2022 pending before the Court, has been rejected.

(3.) Mr. Rao, learned Senior Advocate submits that the C.S. No.146 of 2016 has been decreed ex-parte in favour of Opposite Party No.1 vide judgment dtd. 25/4/2018. Subsequently, CMA No.86 of 2019 has been filed under Order IX Rule 13 CPC to set aside the ex-parte decree passed against the Petitioner which is pending for consideration and the petition for condonation of delay has not yet been taken up on merit.