Nisha Rani (since deceased) through LRs vs Rajni

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1770

NIDHI GUPTA
Nisha Rani (since deceased) through LRs – Appellant
Versus
Rajni – Respondent

Advocates appeared:
For the Parties : Mr. Namit Gautam, Mr. Vaibhav Sehgal

Table of Content
1. overview of procedural history in execution cases. (Para 1 , 2 , 3)
2. arguments against the decree's validity based on alleged fraud. (Para 4 , 5 , 6 , 7 , 8)
3. legal precedents governing the stay of execution. (Para 9 , 10)
4. respondent's argument on the misuse of legal process. (Para 11 , 12 , 13 , 14)
5. court's discretion under order 21 rule 29 cpc. (Para 18 , 19 , 20 , 21 , 22)
6. final decision to dismiss the revision petition. (Para 25 , 26)

Judgment

Ms. Nidhi Gupta, J.

Challenge in the present Revision Petition is to order dated 24.10.2019 (Annexure P7) whereby application filed by the petitioner-defendant/judgment debtor, seeking stay of proceedings in Execution Petition No.0000174-2014 (Annexure P-4) till final decision in Civil Suit No.5237 of 2018 titled as “ Nisha through LRs Vs. Rajni ” (Annexure P5), has been dismissed; and to order dated 15.03.2022 (Annexure P11), whereby application filed by the petitioner for review of abovesaid order dated 24.10.2019, has also been dismissed. Both impugned orders have been passed by learned Civil Judge (Junior Division), Ludhiana/Executing Court in the Execution Petition dated 13.10.2001 (Annexure P-4) filed by the

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2023 Supreme(P&H) 1770

NIDHI GUPTANisha Rani (since deceased) through LRs – AppellantVersusRajni – Respondent

Cases Referred (12)

NIDHI GUPTA
Nisha Rani (since deceased) through LRs – Appellant
Versus
Rajni – Respondent