KRISHAN KUMAR Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) Petitioner, Krishan Kumar, is a judgment-debtor. A decree for recovery of money was passed against him and the other defendants in favour of the respondent-State Bank of Patiala. The aforesaid decree is presently under challenge in Regular Second Appeal No. 2591 of 2001 (Krishan etc. v. State Bank of Patiala and others). The aforesaid appeal is admitted. The record of the case further shows that a prayer for staying the execution of the decree moved by the aforesaid appellants in the regular second appeal was rejected by this Court.

(2.) The decree-holder-Bank took out the execution proceedings of the aforesaid decree. In execution proceedings, learned executing Court ordered the sale of immovable property of present petitioner, Krishan Kumar. At that stage, an application under Order 41, Rule 6(2) of the Code of Civil Procedure (hereinafter referred to as the "Code") was filed by the present petitioner, Krishan Kumar, for staying the auction of the aforesaid immovable property. The said application was contested by the decree-holder-Bank. The learned executing Court vide the impugned order dated April 9, 2004 has rejected the aforesaid application and has directed the immovable property of the present petitioner to be sold.

(3.) I have heard the learned counsel for the parties at length and have also gone through the record of the case.