KARAN BHASIN Vs. PIYUSH

JUDGEMENT

(1.) These applications have been filed by applicant/appellant under Order XLI Rule 5 CPC read with Sec. 151 CPC for stay of the execution of the impugned decree dtd. 14/12/2018 passed by appellate Court. The other application has been filed under Sec. 151 CPC for preponing the date of hearing in the main appeal, which is fixed for hearing on 10/1/2023.

(2.) Learned counsel has submitted that the appellate Court has erroneously reversed the decree passed by the trial Court, and decreed the suit of the plaintiffs by ignoring the material evidence and though the notice of motion has been issued by this Court in this appeal, but the same is not taken up for hearing and on the other hand, the executing Court is proceeding with the execution. In this regard, he has produced the copy of the order dtd. 26/7/2022 passed by Addl. Civil Judge (Sr. Divn.), Kurukshetra, whereby warrants of arrest against judgment debtors have been issued for non-execution of decree. He prays that the execution proceedings be stayed and the date of hearing in the main appeal be also preponed.

(3.) Notice in the applications.