ARINJAY JAIN Vs. UMAID MAL JAIN

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner-appellant, challenging the order dated 29/10/2013 passed by the Additional District Judge, Ajmer (hereinafter referred to as 'the Appellate Court') in Civil Misc. Application No.34/2013, whereby the Appellate Court has rejected the application of the petitioner-appellant under Order XLI, Rule 1 and Order XLI Rule 5 of CPC.

(2.) The respondent-plaintiff had filed the suit seeking damages against the petitioner-defendant in the Court of Additional Civil Judge, Ajmer, which suit was decreed vide the judgment and decree dated 3/3/2010. Being aggrieved by the said decree, the petitioner had preferred the appeal being Civil Regular Appeal No.29 of 2010 before the Appellate Court. Pending the said appeal, the petitioner had also filed an application being Civil Misc. Application No.34 of 2013 seeking stay against the execution of the decree. The said application has been dismissed by the Appellate Court vide the impugned order.

(3.) It has been sought to be submitted by the learned counsel Mr.S.C. Goyal for the petitioner that the car of the petitioner has been attached by the order of the Executing Court, as there was delay in filing the application before the Appellate Court seeking stay against the execution. He submitted that the petitioner is ready to furnish the bank guarantee for the decreetal amount.