Mr. Rajiv Narain Raina, J.: - The challenge in this petition is to the order dated July 04, 2017 passed by the learned Additional Civil Judge (Senior Division), Tarn Taran in an application presented by the defendant judgment-debtor for staying the operation of the execution proceedings till final disposal of the pending application under Order 9 Rule 13 of the Code of Civil Procedure, 1908.

2. The application was contested by the opposite party/decree holder has been dismissed as not maintainable. In the original Court passed the decree since stay of execution proceedings is dealt with under Order 21 Rule 26 CPC which can be moved only before the Executing Court to whom the execution has been sent for satisfaction of the decree. The trial Court has held that it is not empowered to stay execution proceedings in an application under Order 9 Rule 13 CPC.

3. The plaintiff filed a suit against the defendant/petitioner for gaining possession of the suit land described in the head note falling in the revenue estate of village Kasel, Tehsil Tarn Taran, Amritsar. The plaintiff was a non-resident Indian and co-owner in the suit land. The plaintiff obtained an ex parte decree from the