Shiv Mehto vs Som Dutt Sharma

Alok Singh, J.—Learned Counsel for the Petitioner - tenant states that against the ex-parte judgment and decree, an application under Order 9 Rule 13 CPC for setting aside ex-parte judgment and decree was moved along with a stay application seeking stay of the execution of the ex-parte judgment and decree, which is pending disposal. Learned Counsel further states that just to ensure the non-execution of the ex-parte judgment and decree, objections were wrongly preferred in the execution proceedings, which were rejected by the impugned C.R. No. 7492 of 2010 order. Learned Counsel fairly stated that present petition be dismissed as withdrawn with direction to the Court below to decide the stay application pending in a proceedings under Order 9 Rule 13 CPC without being prejudice from the observations made in the impugned order.

Present petition is dismissed as withdrawn. However, learned Court below is directed to decide the stay application moved by the tenant-Petitioner along with application under Order 9 Rule 13 Code of Civil Procedure, at its own merit, in accordance with law, without being prejudice from any observations made in the impugned order, within 10 days from the date certified copy of this order is placed before the Court below.