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2016 Supreme(P&H) 3034

DARSHAN SINGH
Krishan Alias Krishan – Appellant
Versus
Harbans Lal – Respondent


Advocates Appeared:
For the Appellant :Dr. Rau P.S. Girwar, Advocate.

JUDGMENT :

DARSHAN SINGH, J.

1. This revision petition has been filed against the order dated 20.02.2016 passed by the learned Civil Judge (Senior Division), Bathinda, whereby the application moved by the petitioner-JD for staying the execution proceedings has been dismissed.

2. Learned counsel for the petitioner contended that the regular second appeal filed against the impugned decree is pending before this Court. The learned executing Court should have stayed the proceedings in view of Order 21, Rule 29 of the Code of Civil Procedure, 1908 (for short the `CPC') in order to safeguard the interest of the petitioner. Thus, he contended that the impugned order is illegal.

3. I have duly considered the aforesaid contentions.

4. Learned counsel for the petitioner has relied upon the provisions of Order 21, Rule 29 CPC, which reads as under:-

"Stay of execution pending suit between decree-holder and judgment-debtor - Where a suit is pending in any Court against the holder of a decree of such Court [or of a decree which is being executed by such Court], on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, sta





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