1. This writ petition is directed against the order dated 8.5.2018 passed by the trial Court rejecting the petitioner's / judgment debtor's application under O.21 R.29 read with S.151 of the Code of Civil Procedure, 1908 (hereinafter called as “CPC”).

2. Mr.B.P.Singh, learned counsel for the petitioner / judgment - debtor, would submit that the order passed by the trial Court is unsustainable and bad in law as present is a fit case where the trial Court ought to have exercised discretion vested in it under O.21 R.29 of the CPC.

3. I have heard learned counsel for the petitioner and perused the impugned order and other documents annexed with the writ petition.

4. In the instant case, the judgment and decree was passed by the trial Court on 2.7.2013. A decree so passed has still not been executed and the petitioner / judgment - debtor has filed this application under O.21 R.29 of the CPC stating that decree passed is not 2 executable as he has filed civil suit for setting aside sale deed dated 30.11.2015/1.12.2015.

5. At this stage, it would be appropriate to notice O.21 R.29 of the CPC, which states as under: -

“29. Stay of execution pending suit between decree - holder and judgment -