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Sri H.R. Chandre Gowda vs Sri P.J. George

Karnataka High Court · Decided on 31 August 2010 · Citation: (2010) 08 KAR CK 0058

HON’BLE JUDGES
A.N. Venugopala Gowda, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 41 Rule 5, 151
CASE NUMBER
Writ Petition No. 16659 of 2010
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Judgment

8 paragraphs · 400 words

A.N. Venugopala Gowda, J.—Respondent had instituted O.S. No. 24/2007 against the petitioner for specific performance. Though the petitioner contested the suit, the trial Court decreed the suit on 26.03.2009. Respondent has filed Execution Petition No. 14/2009 to execute the said decree. In the meantime, the petitioner has questioned the said decree in R.A. No. 31/2009. Along with the appeal, he has filed an application under Order 41 Rule 5 of CPC seeking stay of the impugned decree. Since no order''s were passed on the said application, the petitioner filed I.A. No. 2 in the Execution Court under Order 21 Rule 26 R/w Section 151 of CPC to stay the execution proceedings till disposal of R.A. No. 31/2009, pending on the file of the Civil Judge (Sr.Dn.), Tarikere. The said application having been dismissed, the judgment debtor has filed this writ petition.

2.

Heard the learned Counsel on both sides and perused the writ papers.

3.

This Court granted interim order on 02.06.2010 and the further proceedings in the execution petition was stayed. The said order has been extended on subsequent dates on hearing and continues to operate till date.

4.

Indisputedly, the petitioner has questioned the decree dated 2603.2009 passed in O.S. No. 24/2007 in R.A. No. 31/2009. I.A. filed under Order 41 Rule 5 ought to have been disposed of by the Appellate Court in accordance with law. Non-disposal of the said application has led to the present proceedings.

5.

Keeping in view the orders passed by this Court in this writ petition from 02.06.2010 onwards, I deem it appropriate to dispose of the writ petition directing the Civil Judge (Sr.Dn.). Tarikere, to either dispose of R.A. No. 31/2009 or pass order on LA. filed under Order 41 Rule 5 by the appellant therein (petitioner herein) at the earliest and at any event before 30.09.2010. Till then, the proceedings in Execution Petition No. 14/2009 shall stand stayed. The Civil Judge (Sr.Dn.), Tarikere, is directed to take up R.A. No. 31/2009 on board on 06.09.2010. The parties shall appear before the Court and receive further orders. The said Court is directed to dispose of either the I.A. for stay filed In appeal or the appeal itself within the time indicated supra.

Petitioner shall produce copy of this order in R.A. No. 31/2009 on or before 04.09.2010, for compliance.

The writ petition is disposed of in the above terms.

Ordered accordingly.