BHAGWAN SINGH Vs. PURAN SINGH

JUDGEMENT

(1.) THIS revision petition has been filed against order dated 29.1.2000, vide which application of the petitioner, under Order 41, Rule 6 CPC for grant of stay of execution proceedings was dismissed. Court below, while dismissing that application, has observed thus :-

(2.) IT is apparent from the records that conduct of the petitioner was not bona fide, as such, he is not entitled to get any relief. Execution of the judgment and decree passed by the trial Court was stayed by the appellate Court below subject to furnishing of bank guarantee by the petitioner. He failed to comply with the order passed, his appeal was subsequently dismissed. He came to this Court in Regular Second Appeal, which was admitted, however, his application for stay, was dismissed. Neither before executing Court nor before this Court, any assurance has been given, to furnish any surety so that ultimately, if Regular Second Appeal is dismissed, judgment and decree could be satisfied. This Courts feels that in view of his conduct, petitioner is not entitled for any relief.