BABU SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 13.11.1997 passed by the learned civil judge (Junior Division), Moga. By impugned order, the learned Executing court dismissed the application filed by the judgment-debtor under the provisions of Order 41, Rule 6(2) read with Section 151 of the Code of Civil Procedure praying for stay of sale proceedings of attached property. State Bank of India filed a suit for recovery against Babu Singh. The suit was decreed in favour of the plaintiff. The appeal filed before the learned Ist Appellate Court against the judgment and decree of the trial Court was dismissed. Regular Second Appeal being R.S.A. No. 732 of 1996 against the judgment and decree of the learned Ist Appellate Court is pending in the High Court.

(2.) THE stay against the judgment and decree of the trial Court was declined by the High Court was declined by the High Court in the aforestated regular second appeal. The Bank filed an execution application for the recovery of Rs. 46590.35 alongwith interest in terms of the decree. During the pendency of the execution application, the judgment-debtor filed the aforestated application on the ground that he is willing to furnish security for compliance of the decree and as such, the sale of the property attached in execution should be stayed. The application was contested by the respondent bank on the ground that pendency of regular second appeal does not operate as automatic stay of execution proceedings. Secondly that the application is totally malafide and the judgment debtor is trying to avoid the payment of decretal amount on frivolous grounds. Learned Executing Court after hearing the learned counsel for the parties dismissed the application vide order dated 13.11.1997 which is impugned in the present revision.

(3.) FOR the reasons aforestated, I find no merit in this revision and the same is dismissed. However, if the petitioner approaches the Executing Court upon deposit of sufficient substantial part of decretal amount, the Court may consider such request of the judgment debtor in accordance with law.