ORDER

This petition is directed against the impugned order dated

05.12.2023 passed on I.A.No.V whereby the said application filed by respondent No.1 – decree holder in Ex.No.77/2022 on the file of Prl. Senior Civil Judge & JMFC, Bhadravathi, was allowed by the Executing Court.

2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record.

3. When the matter was posted before this Court on

04.01.2024, this Court passed the following interim order:

“Heard learned counsel for the petitioner and perused the material on record.

In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that aggrieved by the judgment and decree dated 21.07.2022 passed in O.S.No.101/2017 which is sought to be enforced and impleaded in the present execution proceedings, the petitioner has preferred an appeal in R.A.No.5001/2024, in which the petitioner has sought for interim orders and if the impugned order is not stayed for a limited period so as to enable the petitioner to obtain necessary interim orders in the said appeal, the present petition would be rendered infructuous.

The said submission is placed on record.

Issue emergent notice to the respondent No.1 returnable by 25.01.2024.

Meanwhile, all further proceedings in Ex.No.77/2022 on the file of the Senior Civil Judge & JMFC, Bhadravathi, is hereby stayed, till the next date of hearing.

Liberty is reserved in favour of the respondents to seek vacation / modification of this order.

Notice to respondent Nos.2 to 4 is dispensed with at the risk of the petitioner.”

4. A perusal of the aforesaid interim order will indicate that this Court granted directions to the petitioner for a limited period so as to enable the petitioner to take necessary steps to obtain interim orders in the pending R.A.No.5001/2024. It is submitted that the said appeal has been posted on 08.04.2024 and petitioner would take necessary steps to prepone the said appeal to an early date and request the First Appellate Court to pass appropriate orders on the prayer for interim relief. It is submitted that the First Appellate Court may be directed to prepone R.A.No.5001/2024 from 08.04.2024 to an earlier date during the week commencing from 04.03.2024 so as to enable the First Appellate Court to consider and pass appropriate orders on the interim application filed by the petitioner.

5. Per contra, learned counsel for respondent No.1 –

decree holder submits that he does not have any objection for the matter to be preponed from 08.04.2024 to an earlier date to enable consideration of the application for interim prayer sought for by the petitioner.

6. In view of the aforesaid facts and circumstances of the case and joint submissions made by both sides, I deem it just and appropriate to dispose of this petition by directing the First Appellate Court to prepone / advance R.A.No.5001/2024 from 08.04.2024 to 06.03.2024 and consider and pass appropriate orders on the application for interim relief filed by the petitioner within a period of two weeks from 06.03.2024.

7. It is further directed that till disposal of the application for interim relief sought for by the petitioner in R.A.No.5001/2024, the impugned order dated 05.12.2023 passed on I.A.No.V by the Executing Court shall remain in abeyance. It is made clear that the First Appellate Court shall dispose of the application for interim relief filed by the petitioner without being influenced by the findings and observations, if any, recorded in the present order.

8. Subject to the aforesaid directions, petition stands disposed of.