ORDER :

The petitioner has filed the present petition, under Article 227 of the Constitution of India, challenging the order dated 15.05.2017 passed by First Appellate Court thereby dismissing the application preferred by the petitioner for vacating the ex-parte order.

2. Brief facts of the case are that the petitioner preferred a suit for eviction and mense profit which was decreed by the trial Court. Against the said judgment and decree, the respondent after vacating the suit premises has preferred an appeal to challenge the decree for mense profit. Along with the said appeal, the respondent has filed an application under Order 41 Rule 5 of the C.P.C. The First Appellate Court allowed the said application. The petitioner has challenge the said ex-parte order by filing a writ petition No. 2029/2017, but the same was withdrawn to pursue the application for vacating the order of stay of execution. The First Appellate Court has dismissed the said application for vacating the stay order passed under Order 41 Rule 5 of the C.P.C vide order dated 15.05.2017 on the ground that the Bank has given an undertaking to comply with the decree in the event of dismissal of their appeal. Being aggri