S. UJAGAR SINGH Vs. SHIBANJEE MANTOO AND OTHERS

JUDGEMENT

(1.) The petitioner, decree holder, has challenged an order dated 25-11-85 passed in execution proceedings by Sub Judge, Baramulla, whereby execution proceedings have been stayed, pending disposal of the civil suit between the parties. The facts of the case are.

(2.) The petitioner, decree-holder sought execution of ejectment decree before the Sub Judge, Baramulla. The respondent during the execution appears to have obstructed the execution of the decree on the plea that he was in possession of the shop subject-matter of decree as lessee and, be having filed a suit also against the petitioner decree-holder on the ground of having obtained a decree by way of fraud. The learned Sub Judge, relying on the provisions of Order 21 Rule 97 to 106 C.P.C, pending disposal between the parties, stayed the execution proceedings vide order dated 25-11-1985. It is against this order, petitioner/decree-holder has come in revision before this court. 2-A. No one appears for the respondents despite Mr. Z. Ahmad appears to have been shown appearing for the reasons.

(3.) have heard learned counsel for the petitioner.