KARIMAN BAI Vs. LAXMAN LAL RAM PRATAP KOTA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the learned District judge, Kota dated 5th Dec. 1977.

(2.) AT the time of arguments regarding the admission of the revision petition. Mr. Shishodia put in appearance on behalf of the respondent, and opposed the admission of the revision petition, The learned counsel for the parties requested that the file of the appeal filed by Mst. Kariman Bai and Others, which is pending before this Court, may also be called for and perused. Accordingly, the file S. B. C. First Appeal No. 102 of 1974 was called for and perused.

(3.) RELEVANT facts, which are necessary for the disposal of this revision petition, are that the plaintiff non-petitioner M/s. Laxman Lal Ram Pratap filed a suit for realisation of the mortgage amount against the petitioner. The trial Court, on 13th Feb. 1974, decreed the suit for a sum of Rs, 15,000/- with interest and costs. The judgment-debtor thereafter filed an appeal bearing No. S. B. Civil first Appeal No. 102 of 1974. It was admitted on 31st July, 1974. On 20th december, 1974, the trial Court passed a final decree. The property in dispute was auctioned on 11th April, 1977. The petitioners thereafter filed an application under Order 41, Rule 6 (2) of the Civil P. C. before the executing court on 29th July, 1977, praying that the confirmation of the sale be stayed as an appeal was already pending before the High Court. The learned executing court dismissed the application on 5th Dec. 1977. Feeling aggrieved against this order, the present revision petition has been filed before this Court.