BADRI Vs. NIRMALA DEVI

JUDGEMENT

(1.) The unsuccessful judgment-debtor has preferred this writ petition against the order dtd. 12/4/2022 whereby, an application under Sec. 10 CPC for staying the execution proceedings, has been dismissed by the learned Civil Judge, Kekri, District Ajmer.

(2.) The facts in brief are that in an execution petition arising out of the decree dtd. 7/12/2016 passed by the learned Civil Judge, Kekri in Civil Suit No.88/2011 filed by the respondents-decree holder for mandatory and permanent injunction, the judgment- debtor moved an application under Sec. 10 CPC stating therein that another execution petition No.2/2006 is pending between the same parties for execution of the decree dtd. 9/12/2005 passed by the Court of learned Additional District Judge, Kekri, District Ajmer in Civil Suit No.25/2004 filed by the respondents No.3 and 4 against him and hence, the instant execution proceeding be stayed. The application has been dismissed by the learned Executing Court vide order dtd. 12/4/2022, which is subject- matter of execution.

(3.) Learned counsel for the petitioner contended that since the subject-matter of execution in both the decrees is common, the learned Executing Court erred in dismissing the application.