RAFIQ KHAN Vs. GURJANT SINGH

JUDGEMENT

(1.) Present revision petition has been filed against an order passed by the learned Additional Civil Judge (Senior Division), Maler Kotla vide which an application moved by the petitioner under O. 41, R. 6(2) of the Code of Civil Procedure (for short the Code) for staying the sale of the property of the judgment debtor has been declined merely on the ground that this Court has not granted stay in appeal filed by the appellant.

(2.) The powers under O. 41, R. 6(2) of the Code are independent of the powers of appellate authority under O. 41, R. 5 of the Code and therefore, it was incumbent upon the learned Executing Court to decide the application on merit and not on the basis that the same was not competent as no stay was granted by this Court while admitting the Regular First Appeal.

(3.) Accordingly, the impugned order cannot be sustained. The impugned order is, therefore, set aside and the case is remanded back to the Executing Court to decide the application under O. 41, R. 6(2) of the Code in accordance with law.