CHANDER BHAN Vs. VIJAY KUMAR AND ORS.

JUDGEMENT

(1.) Prayer in this petition is for setting aside the impugned order dated 20.1.2020 (Annex.P9) passed by the Executing Court, Yamuna Nagar, whereby stay application of the petitioner has been dismissed and warrants of possession have been issued in implementation of the decree.

(2.) Heard learned counsel for the JD petitioner.

(3.) Argues that the decree was appealed against. It was dismissed in default on 9.7.2019. Restoration application was filed and in pending consideration. In my considered view, mere pendency of a restoration application in appeal which was dismissed in default and was filed against the judgement and decree dated 12.7.2018 passed by the learned Civil Judge (Junior Division), Sub-Division Bilaspur, District Yamuna Nagar, is not a valid and sufficient ground for cancelling the warrants of possession obtained by the decree holder against the petitioner-judgement debtor for eviction from the shop in dispute. This petition has been filed against warrants of attachment of the petitioner's pension account for satisfying the decretal amount.