POONAM CHAND Vs. DHAN RAJ

JUDGEMENT

(1.) THIS revision petition is directed against the order dated February 22, 1991, passed by the Munsif and Judicial Magistrate, Jodhpur City, Jodhpur, in Civil Miscellaneous Case No. 224 of 1989.

(2.) PLAINTIFF Dhan Raj filed a suit for ejectment against the petitioner-defendant in the Court of the Munsif City Jodhpur. The suit filed by the plaintiff was dismissed by the learned Munsif City, Jodhpur. The plaintiff preferred an appeal before the District Judge, Jodhpur, which was ultimately heard by the learned Additional District Judge No. 2, Jodhpur, who allowed the appeal filed by the plaintiff and decreed the suit. The defendant preferred a second appeal before this Court and during the pendency of the appeal before the High Court, the parties arrived at a compromise and the appeal was disposed of in terms of the compromise The plaintiff decree - holder filed an application for execution of the decree. . The judgment debtor filed objections under Section 47 C. P. C. Alongwith the objections, an application under sec. 47 read with sec. 151 C P. C. was also, filed for staying the execution of the decree. That stay application, filed by the judgment-debtor, was allowed by the learned Munsif and Judicial Magistrate, Jodhpur City, Jodhpur by his order dated December 11, 1989, and the learned Munsif City stayed the execution of the decree till the disposal of the objections filed by the judgment-debtor under Section 47 C. P. C. Dissatisfied with the order granting stay by the learned Munsif City, Jodhpur, the plaintiff decree-holder filed a revision - petition before this Court, which was ultimately decided by the Hon'ble the Chief Justice by his order dated January 30, 1991. After the disposal of the revision petition by the High Court, the plaintiff decree-holder moved an application under section 47 read with section 151 C. P. C. to hear the stay petition afresh in view of the order dated January 30, 1991, passed by Hon'ble the Chief Justice. This application was contested by the judgment - debtor and the learned Munsif City, Jodhpur, by his order dated February 22, 1991, ordered for re-hearing of the stay petition. It is against this order that the present revision - petition has been filed.

(3.) IN this view of the matter, the order passed by the learned lower Court deserves to be quashed and set-aside.