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Judgment
3 paragraphs · 209 wordsV.K. Jhanji, J.—This revision petition has been (sic) against the order whereby execution proceedings have not been stayed during the pendency of the application under Order 9, Rule 13, Code of Civil Procedure, for setting aside ex parte decree which has been passed against the Petitioner.
It is the case of the Petitioner in application under Order 9 Rule 13, Code of Civil Procedure, that he was not served in the petition. Till such time decision is given on the merits of the application for setting aside the ex parte decree, I am of the view that it would be in the fitness of things if the dispossession of the Petitioner is stayed. Accordingly order under revision is set aside and it is directed that the Petitioner shall not be dispossessed in execution of the ex parte decree till filed final decision on application under order 9 Rule 13 Code of Civil Procedure. Trial Court with whom application under Order 9, Rule 13, Code of Civil Procedure, is pending, is directed to dispose of the same within two months. It shall remain open to the Petitioner to deposit the entire arrears of rent alongwith interest without prejudice to the rights of the parties.
Revision Petition stands disposed of.