JUDGMENT :

J.B. Pardiwala, J.

1. By this application under Article 227 of the Constitution of India, the applicant (judgment-debtor) calls in question the legality and validity of the order passed by the Principal Senior Civil Judge, Rajkot, dated 20th August 2019 below Exhibits 11 and 15 respectively in the Execution Petition No. 10 of 2019.

2. The facts giving rise to this petition may be summarised as under:

3. The respondent herein - original plaintiff instituted the Special Summary Suit No. 23 of 2014 against the applicant herein in the court of the Principal Senior Civil Judge, Rajkot, to recover an amount of Rs. 1,12,26,500.00 (Rupees One Crore Twelve Lakh Twenty-six Thousand and Five Hundred only). The applicant herein prayed for grant of leave to defend. The same was declined by the court below. The Principal Senior Civil Judge, Rajkot, proceeded to pass the money decree. This decree came to be challenged by the applicant herein before this Court by instituting the First Appeal No. 1730 of 2015. Along with the First Appeal, a Civil Application No. 9634 of 2015 also came to be preferred for stay of the operation, implementation and execution of the money decree. On 29th January