ORDER

This petition by the JDR No.2 in Ex.No.89/2018 on the file of the Prl. Senior Civil Judge & JMFC, Srirangapatna, is directed against the impugned order dated 02.03.2024, whereby the application I.A.7 filed by the petitioner under Section 151 CPC for permission to deposit the amount as directed by the trial court in its order dated 17.12.2022 by condoning the delay was rejected by the Executing court.

2. Heard learned counsel for the parties and perused the material on record.

3. A perusal of the material on record will indicate that in the aforesaid execution proceedings instituted by the 1st respondent – decree holder against the petitioner – JDR No.2 and respondent No.2 – JDR No.1, the Executing court passed an order dated 17.12.2022 allowing I.A.2 filed by the petitioner under Order 21 Rule 26 CPC and stayed further proceedings subject to the petitioner depositing Rs.5 lakhs before the next date of hearing and posted the matter on 21.01.2023. Subsequently, since the petitioner neither complied with the said order nor appeared before the Executing court, the Court passed an order on 18.03.2023 noting the non-compliance and issued notice to the petitioner. Subsequently, on 15.0